DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 03553-11
16 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 15 February 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 and began a period of active duty on 24
May 1989. You served more than 18 years of honorable service.
However, on 8 August 2007, you received nonjudicial punishment
(NUP) for wrongful use of a controlled substance (cocaine). On
15 October 2007, administrative separation action was initiated
by reason of misconduct. You elected to have your case heard by
an administrative discharge board (ADB), which found that you
had committed misconduct, and recommended a general
characterization of service. Your commanding officer concurred
with the ADB’s finding and recommended that you be discharged
under general conditions by reason of misconduct (drug abuse).
On 5 September 2008, the discharge authority directed a general
discharge by reason of misconduct (drug abuse). On 19 September
2008, you were discharged and received a general
characterization of service by reason of misconduct. At that
time you were assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service. However, the Board found that
these factors were not sufficient to warrant any change in your
character of service, given your record of NJP for misconduct.
The Board also noted that you were fortunate to receive a
general discharge since a separation under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. 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,
Wen. f
W. DEAN PREIRKF
Executive Diredtor
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