DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370r5100
TRG
Docket No: 1506-03
31 July 2003
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 29 July 2003. 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.
You were honorably released from active duty on 15 October 1979
and recommended for preferred reenlistment. You reenlisted in
the Navy on 29 May 1981. During the period from 31 July 1982 to
22 February 1983, you received nonjudicial punishment on three
occasions. Your offenses were two absences from your appointed
place of duty, and possession and use of cocaine.
Based on the foregoing record, you were processed for discharge
by reason of misconduct due to drug abuse. On 22 March 1983 the
discharge authority approved the recommendation of your
commanding officer that you be discharged under other than
honorable conditions. You were so discharged on 19 April 1983;.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and the documentation showing that you have been steadily
employed since discharge. The Board also considered your
contention that a discharge under other than honorable conditions
based on one incident of drug abuse was too severe. However, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge, given your record of
aisconduct and especially your use of cocaine. Regulations
require separation processing for those individuals who use
drugs, and they normally are discharged under other than
honorable conditions. Since you have been treated no
differently than others discharged for that reason, the Board
could not find an error or injustice in the discharge under other
than honorable conditions.
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 prior honorable service. Therefore, if you have
been denied benefits, you should appeal that denial under
procedures established by the Department of Veterans Affairs.
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, $hw Executive Di e
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