DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Decket No: 11735-10
24 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 August 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies.
after careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 20 November
1990. You received nonjudicial punishment on two occasions for
overindulgence in alcoholic beverages and wrongful use of
cocaine. You were then notified that your commanding officer
was recommending you for administrative separation with an
other than honorable characterization of service due to
Misconduct (drug abuse - use). You exercised your procedural
right to have your case heard by an administrative discharge
board (ADB). The ADB met, found that you had committed
misconduct, and recommended a general characterization of
service. On 8 duly 1992, you were discharged with a general
characterization of service due to misconduct {drug abuse —-
use), and assigned an RE-4 (not recommended for retention)
reentry code.
In its review of your appiication, the Board carefully weighed
all potentially mitigating factors, such as your youth, post
service good conduct, and character reference letters.
However, the Board concluded that your discharge should not be
changed due to your misconduct and drug abuse. The Board noted
that you were fortunate to have received a general
characterization of service since Sailors who have committed
misconduct such as yours normally receive other than honorable
discharges. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct. In
view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
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