DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BuG
Docket No: 12239-10
160 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 9 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 10 June
1987. Your accession urinalysis tested positive for the
wrongful use of a controlled substance. You received
nonjudicial punishment on two occasions for the wrongful use of
Marijuana and cocaine, and violation of a regulation. You were
then notified that your commanding officer was recommending you
for administrative separation with an under other than
honorable (OTH) conditions characterization of service due to
misconduct - drug abuse (use). You waived your procedural
right to an administrative discharge board (ADB). On 24
January 1989, you received an OTH conditions characterization
of service discharge due to misconduct - drug abuse (use), and
were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
repeated drug abuse. The Board found that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded automatically due solely 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 wili 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,
Dea <
W. DEAN
Executive tor
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