DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 02718-11
23 January 2012
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 19 January 2012. 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 14 November 1989, at age 29. On
15 November 1989, you signed and acknowledged documentation
concerning the Navy's zero tolerance policy on drug and alcohol
abuse. On 18 February 1993, you received nonjudicial punishment —
(NJP) for wrongful use of cocaine. 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 18 February 1993, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct (drug
use). On 24 February 1993, the discharge authority directed an
OTH discharge by reason of misconduct for drug abuse (use). On
§ March 1993, 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 NUP 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.
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,
‘Seo,
Executive ctor
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