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NAVY | BCNR | CY2011 | 00677-11
Original file (00677-11.pdf) Auto-classification: Denied
PEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 REC
Docket No: 00677-11

27 October 2011

 

 

This is in reference to your applacation 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 26 October 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.

Bfter careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable Material error or
injustice.

You enlisted in the Navy on 28 June 1989. On 9 July 1989, you
signed and acknowledged documentation concerning the Navy’s Zero
Tolerance policy on drug and alcohol abuse. On 9 August 1990,
you received nonjudicial punishment (NJP) for the wrongful use of .
marijuana. On 17 August 1990, administrative separation action

was initiated by reason of misconduct for drug abuse (use). You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On

21. August 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct (drug use). On 24
August 1990, the discharge authority directed an OTH discharge by
reason of misconduct for drug abuse (use). On 7 September 1990,
you received the OTH discharge due to misconduct for drug abuse

(use). At that time you were assigned an RE-4 reentry code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of an NJP for misconduct due to drug abuse (use).

The Board noted that you waived your right to an ADB, your best
opportunity for retention or a more favorable characterization of
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.

Tt 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. ee
Executive Bi tor

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