DEPARTMENT OF THE
NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:6414-04
14 October 2005
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
October 2005. 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 reenlisted in the Navy on 30 June 1983 after about 46 months of
honorable service on a prior enlistment. On 20 December 1983 you
received nonjudicial punishment for use of marijuana. However, you
were retained in the Navy. On 13 February 1985 you received
nonjudicial punishment for use of PCP.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to drug abuse. An
administrative discharge board convened on 13 March 1968 and found
that yoi~ had committed misconduct and recommended discharge under
other than honorable conditions. After review, the discharge authority
directed discharge under other than honorable conditions and you were
so discharged on 13 May 1985.
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 multiple instances of drug abuse. The Board
concluded that your 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 prior honorable service and completion of over four years of service
prior to your first disciplinary infraction. 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,
2
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