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NAVY | BCNR | CY2011 | 00963-11
Original file (00963-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DG 20370-5100 REC
Docket No: 00963-11

3 November 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 2 November 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 the evidence submitted was insufficient

to establish the existence of probable material error or
injustice.

You enlisted in the Navy on 12 January 1987. On 15 January 1987,
you signed and acknowledged the Navy's Zero Tolerance policy
regarding drug and alcohol abuse. On 29 March 1989, you were
convicted by the County of Duval, Jacksonville, Florida, for
purchasing crack cocaine. You were sentenced to three months
probation. On 28 April 1989, you received nonjudicial punishment
(NIP) for being in an unauthorized absence (UA) status for three
days. On 28 April 1989, administrative separation action was

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

commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct drug-abuse (possession). On 17 May 1989, you were
so discharged. At that time you were assigned an RE-4
reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors,’ such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one NUP, and conviction
by a civilian court of possession of crack cocaine. 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.

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,

\p DEAN

Executive tor

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