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NAVY | BCNR | CY2010 | 12317-10
Original file (12317-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 cRS

Docket No: 12317-10
18 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 17 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, youf 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.

The Board:found that you enlisted in the Navy on 12 November
1980. A summary court-martial convened on 11 September 1984 and
found you guilty of an unauthorized absence, possession of
Marijuana, and possession and use of marijuana.

 

On 10 October 1984 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
After review by the discharge authority, the recommendation for
‘separation was approved and on 23 October 1984 you were separated
by reason of misconduct with a discharge under other than
honorable conditions.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as’ your youth and overall
record of service. The Board concluded that those factors in
your case are insufficient to warrant an upgrade of your
discharge, given your unlawful drug use. Accordingly, 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,

Wy ‘teank PF
Executive

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