DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03560-12
25 March 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 20 March 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 in the Navy on 23 November 1994, and served without
disciplinary incident, until 22 June 1995, when you received
nonjudicial punishment (NUJP) for two specifications of a
unauthorized absence (UA), missing ship’s movement and two
specifications of drunkenness. Shortly thereafter, you received
another NUP on 21 July 1995, for the illegal use of a controlled
substance (marijuana). On 17 October 1995, your commanding
officer directed 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). On 19 October 1995, you were separated with an OTH
discharge due to misconduct (drug abuse) and an RE-4 reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, service record, and post service conduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your characterization of
service, due to your misconduct (drug abuse). Furthermore, the
Board found that you waived your right to consult with counsel
and your ADB, your best opportunity for retention, or a better
characterization of service. Therefore, 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,
ROBERT D. SALMAN
Acting Executive Director
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