DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100
Docket No: 2092-07
30 April 2008
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 April 2008. 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 enlisted in the Navy Reserve on 18 February 1983 and reported
for three years of active duty on 14 September 1983. On 29
September 1985 you were honorably discharged for the purpose of
reenlistment in the Navy.
You reenlisted in the Navy on 30 September 1985. Subsequently,
you served in an excellent manner for about 15 months. 0On 16
January 1987 you received nonjudicial punishment (NJP) for
assault consummated by a battery. On 5 April 1988 you received
another NUJP for use of cocaine.
Subsequently, you were notified of separation processing by
reason of misconduct due to drug abuse. At that time, you
elected to waive the right to have your case heard by an
administrative discharge board. After review, the discharge
authority directed discharge under other than honorable
conditions and you were so discharged on 26 May 1988.
In its review of your application the Board carefully weighed ail
potentially mitigating factors, such as your prior honorable
service and your contention that the discharge may have been
racially motivated. Navy regulations require separation
processing of individuals who have abused drugs and you have been
treated no differently than others in that situation.
Additionally there is no evidence in the record to show that your
discharge was influenced by racial factors nor have you provided
any such evidence. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your use of cocaine. 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.
You may be 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,
ROBERT D. SALMAN
Acting Executive Director
N
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