DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket. No: 03513-12
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.
A 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
injustice.
You enlisted on active duty service in the Navy on 14 August
1987, and served without disciplinary incident, until 20 January
1989, when you received nonjudicial punishment (NJP) for an
unauthorized absence (UA) in excess of 12 days. Shortly
thereafter, on 16 June 1989 you received another NJP for failure
to go to your appointed place of duty, UA in excess of 29 days
and wrongful use of controlled substances (marijuana and
cocaine). You were recommended for separation with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived your right to consult with counsel and an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 7 August 1989, 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 youth and service in the Naval Reserve. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change to your characterization of service while on active duty,
due to your misconduct (drug abuse). Furthermore, the Board
found that you waived your right to consult with counsel and an
ADB, your best opportunity for retention, or a better
characterization of service. In view of the above, 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,
\yeot RJ)
W. DEAN PF
Executive tor
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