DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01151-12
29 November 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 28 November 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 reenlisted in the Navy on 9 April 1982, after serving over
four years of honorable service. On 29 January 1981, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for four days. On 15 August
1986, you received NJP for wrongful use of cocaine. On 3
September 1986, administrative separation action was initiated
by reason of misconduct for drug abuse (use). You elected to
have your case heard by an administrative discharge board (ADB).
On 18 November 1986, your case was heard by the ADB, and by a
unanimous vote of 3-0 it recommended that you be
administratively discharged with an other than honorable (OTH)
discharge. On 3 December 1986, your commanding officer agreed
with the ADB’s recommendation and forwarded his recommendation
that you be discharged under OTH conditions by reason of
misconduct (drug abuse). On 15 March 1987, the discharge
authority directed an OTH discharge by reason of misconduct for
drug abuse (use). On 3 April 1987, you received the OTH
discharge due to misconduct (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 prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge,
given your record of two NUP’s for misconduct and drug abuse
(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,
BRIAN J. GEORGE
Head, Discharge Section
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