DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 03554-11
16 February 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 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 on 7 July 1986, at age 19. During your
in-processing paperwork, you signed and acknowledged
documentation concerning the Navy’s policy on drug and alcohol
abuse. On 29 April 1987, you received nonjudicial punishment
(NJP) for being absent from your appointed place of duty, and
wrongful use of cocaine. On 29 April 1987, 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 7 May 1987, you received NJP for six
incidents of being in an unauthorized absence (UA) status. On
11 May 1987, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct (drug use). On 21 May
1987, the discharge authority directed an OTH discharge by
reason of misconduct for drug abuse (use). On 29 May 1987, you
received the OTH discharge due to misconduct (drug abuse). At
that time you were assigned an RE-4 reenlistment 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 two NJP’s for misconduct, and 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,
W. DEAN P
Executive Di or
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