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NAVY | BCNR | CY2012 | 01900 12
Original file (01900 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 1900-12
7 December 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 5 December 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 and began a period of active duty on

4 August 1988 at age 18. On 24 June 1989 you were convicted in
civilian court in Jacksonville, Florida, of littering and
sentenced to one day of confinement. You received nonjudicial
punishment (NJP) on two occasions for unauthorized absence (UA)
from your unit and wrongful use of marijuana. You were notified
of pending administrative discharge processing with an other
than honorable (OTH) discharge due to misconduct (drug abuse).
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 20 June 1991,
you received the OTH discharge for misconduct (drug abuse) .

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a civil conviction and two NUPs for serious
misconduct including the wrongful use marijuana. Finally, the
Board found that you waived the right to an ADB, your best
opportunity for retention or a better 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,

Rano

Executive Director

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