DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 10886-12
23 October 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 17 October 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 16 July 1998, and served without
disciplinary incident, until 10 June 1999, when you received
nonjudicial punishment (NUP) for unauthorized absence and being
incapacitated for duty due to alcohol use. Therefore, you were
also given a fitness for duty examination due to your
intoxication and tested positive for wrongful drug use
(marijuana). You were recommended for separation with a general
discharge due to misconduct (drug abuse). You waived your right
to consult with counsel but were not authorized an administrative
discharge board (ADB) due to your short length of service and
recommendation for a general discharge. The separation authority
approved the recommendation and on 24 June 1999, you were
separated with a general discharge due to misconduct (drug abuse)
and an RE-4 reenlistment code.
tial
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and family issues. However, the Board concluded these
factors were insufficient to warrant changing your
characterization of service and your narrative reason for
separation because of the seriousness of your offense (drug
abuse) and other misconduct. The Board believed you were
fortunate to receive a general Characterization of service, since
Sailors who are separated due to misconduct normally receive
other than honorable discharges. 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,
Smo!
W. DEAN PFEYF
Fxecutive Dwrecter
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