DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 02320-12
27 February 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 February 2013. 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
injuerice.
You enlisted in the Navy on 6 April 1992, and served without
disciplinary incident, until 15 March 1995, when you received
nonjudicial punishment (NIP) for wrongful possession and use of a
controlled substance (methamphetamines). You were recommended
for separation with an other than honorable (OTH) discharge due
to misconduct (drug abuse). You exercised your right to consult
with counsel but waived your administrative discharge board
(ADB). The separation authority approved the recommendation and
on 9 June 1995, you were separated with an OTH discharge due to
misconduct (drug abuse) and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that it was an isolated offense. However, the Board
concluded these factors were insufficient to warrant changing
your characterization of service because of the seriousness of
your offense (drug abuse). The Board found that you waived your
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 efficial 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,
eee
Executive tor
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