DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2668-11
6 December 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 29 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 October
1982. You received nonjudicial punishment on two occasions for
wrongfully using marijuana (three specifications), and a one
day period of unauthorized. You were then notified that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct (drug abuse - use). You exercised
your procedural right to have your case heard by an
administrative discharge board (ADB). The ADB met, found that
you had committed misconduct (drug abuse - use), and
recommended an OTH characterization of service. On 3 July
1985, you were discharged with an OTH characterization of
service due to misconduct (drug abuse - use), and 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, post service good conduct, and current desire to
upgrade your discharge. However, the Board concluded that your
discharge should not be changed due to your act of misconduct
and drug abuse. You are advised that no discharge is upgraded
due merely 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,
lo. Deaf):
W. DEAN PF E
Executive Dire
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