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NAVY | BCNR | CY2011 | 01313-11
Original file (01313-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 1313-11
1 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 1 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 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 9 October
1984. You received nonjudicial punishment on two occasions for
unauthorized absence (five days), wrongful use of marijuana,
and driving while intoxicated. You were then notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization

of service discharge due to misconduct (drug abuse - use). You
waived your procedural right to an administrative discharge
board (ADB). On 4 April 1986, you received an OTH

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,
remorse, current desire to upgrade your discharge, and post
service good conduct. However, the Board concluded that your
discharge should not be changed due to your acts of misconduct
and drug abuse. The Board particularly noted 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 PF
Executive

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