DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 06296-11
27 July 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 27 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 19 September 1983. On 20 September
1983, you were informed and acknowledged the Navy’s zero
tolerance policy on drug use. On 24 January 1987, you received
nonjudicial punishment (NJP) for the wrongful use of marijuana,
and being in an unauthorized absence (UA) status for four hours.
On 26 February 1987, administrative separation action was
initiated by reason of misconduct, for drug abuse. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct for drug abuse (use). On 25 March 1987, you
received an OTH discharge due to misconduct for drug abuse (use).
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, and the
character letters you submitted with your application.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of one NJP for drug abuse and misconduct. 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 F
Executive Direc
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