D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1853-99
25 August 1999
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 24 August 1999. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy for four years on
18 October 1988 and served without incident until 15 October
1992. You reenlisted in the Navy on 16 October 1992.
On 15 November 1993 you received nonjudicial punishment for two
periods of unauthorized absence totaling four days, missing
ship's movement and use of cocaine. The punishment imposed
included forfeitures of pay and a reduction in rate.
On 17 November 1993 you were notified of separation processing by
reason of misconduct due to drug abuse. In connection with this
processing you elected to waive your right to have your case
heard by an administrative discharge board. Subsequently, the
discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
discharge under other than honorable conditions. You were so
discharged on 25 January 1994.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your desire for veterans benefits. The Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given your use of drugs and
other misconduct. The Board concluded that the discharge was
proper as issued and no change is warranted. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board believes that you are eligible for veterans benefits
based on your honorable service from 18 October 1988 to 15
October 1992. However, the decision to grant benefits is solely
a matter within the discretion of the Department of Veterans
Affairs (DVA) .
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 PFEIFFER
Executive Director
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