DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD BLDG 12, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 534-13
sc a9 ans
December i7, 20is5
Dear
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 12 December 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
oy
after careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You served on active duty in the Navy from 12 January 1989 to 4
may 1992, when you were discharged by reason of misconduct/drug
abuse with a discharge under other than honorable conditions.
The discharge was specifically based on your unlawful use of
cocaine.
There is no indication in your naval record that you lacked
mental responsibility for your actions, of that you were unfit
for service by reason of physical disability. You would not have
been entitled to disability separation or retirement even if you
Printed on ) Recycled Paper
had been unfit for duty because your separation by reason of
misconduct would have taken precedence over disability
evaluation processing. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to upgrade your discharge, 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,
W. DEAN PFEBF
Executive Director
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