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NAVY | BCNR | CY2006 | 07895-06
Original file (07895-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVYANNEX
         WASHINGTON DC 20370-510O




S M W
 Docket No: 7895-06
26 January 2007






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 January 2007. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 14 November 1985 you reenlisted in the Navy at age 27 after two periods of prior honorable service. On 4 December 1985 a substance abuse message reported that your urine sample had tested positive for use of cocaine. On 13 December 1985 your commanding officer recommended a general discharge by reason of misconduct due to drug abuse. In connection with this processing, you elected to have your case heard by an administrative discharge board (ADB). On 30 January 1986 the ADB found that you had committed misconduct due to drug abuse, and recommended a general discharge. However, on 28 March 1986 the administrative separation action was held in abeyance pending receipt of a Naval Investigative Service (NIS) report.
On 27 August 1986 you were convicted by special court-martial (SPCM) of three instances of distribution of cocaine. The court sentenced you to confinement, reduction in rank and a bad conduct discharge (BCD). After the convening authority suspended the BCD, the separation authority directed your commanding officer to reprocess the administrative separation action.
On 31 October 1986 your commanding officer initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and elected to have your case heard by an ADB. On 9 December 1986 an ADB found that you had committed misconduct due to drug abuse, and recommended an other than honorable discharge. On 26 January 1987 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 4 February 1987 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and prior periods of honorable service. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug-related misconduct that continued even after a urinalysis tested positive for use of cocaine. Therefore, 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. 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.
The Board noted that as a result of your prior periods of honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.
Sincerely,


ROBERT D. ZSALMAN
Acting Executive Director






2

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