DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ERS
Docket No: 5013-11
13 June 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 8 June 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.
The Board found that you enlisted in the Navy on 14 June 1989.
On 14 May 1992 you received nonjudicial punishment for wrongful
use of amphetamine /methamphetamine.
On 9 June 1992 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
After review by the discharge authority, the recommendation for
separation was approved and on 26 June 1992 you were separated by
reason of misconduct with a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors in
your case are insufficient to warrant an upgrade of your
discharge, given your drug use. 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 jon the applicant to demonstrate the
existence of probable material error or injustice .
Sincerely,
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