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NAVY | BCNR | CY2011 | 05209-11
Original file (05209-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

, BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 CRS

Docket No: 5209-11
11 August 2011

 

 

This igs 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 3 August 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 reenlisted in the Navy on 19 August
1983. On 20 March 1986 you received nonjudicial punishment for
wrongful use of marijuana.

On 20 May 1986 an administrative discharge board 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 3 July 1386 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 unlawful 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 on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

hs Soa

W. DEAN PFELF
Executive Dineéc

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