DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
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Docket No: 5428-09
14 April 2010
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 13 April 2010. 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 entered active
duty in the Navy on 13 November 1978 and were honorably
discharged on 8 July 1982. You reenlisted on 9 July 1982. On
24 June 1983, you received an adverse performance evaluation.
You received nonjudicial punishment on two occasions. Your
offenses included three specifications of unauthorized absence,
two specifications of wrongful possession and use of marijuana,
and wrongful introduction of marijuana on board a military
installation. You were notified of administrative discharge
processing for misconduct (drug abuse) with an other than
honorable (OTH) discharge. After being advised of your
procedural rights, you waived your right to an administrative
discharge board (ADB). You received the OTH discharge on 25
June 1984 for misconduct (drug abuse), and were assigned an RE-
4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
remorse. However, the Board concluded that your OTH discharge
should not be changed because of your repeated serious drug-
related misconduct. The Board noted that you waived your right
to 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.
The Board noted that you may be eligible for Department of
Veterans Affairs (DVA) benefits based on your first honorable
discharge. You may contact the DVA for clarification of these
benefits.
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,
Yon’ -
W. DEAN P
Executive tor
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