DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BUJG
Docket No: 12264-10
9 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 18 April
1989. You received nonjudicial punishment on two occasions for
wrongful use of cocaine and a 23 day period of unauthorized
absence (UA). 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 10 January 1992, 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) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire for veterans’ benefits. However, the Board
concluded that your discharge should not be changed due to your
drug abuse and UA. 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 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,
W. DEAN BP
Executive D or
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