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NAVY | BCNR | CY2011 | 01333-11
Original file (01333-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 1333-11
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, gitting 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 26 January
1988. You received nonjudicial punishment on five occasions
for failure to obey a written order, unauthorized absence,
wrongful possession of hashish, failure to obey a lawful order,
dereliction of duty, and failure to go to your appointed place
of duty. 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 - possession). You
waived your procedural right to an administrative discharge
board (ADB). On 6 October 1989, you received an OTH
characterization of service discharge due to misconduct (drug
abuse - possession), 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 and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
acts of misconduct and drug possession. 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,

\ Deas
"DEAN P R
Executive ector

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