DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06279-07
1 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 15 February 1989 after serving over
three years of honorable service. On 27 July 1989, you received
nonjudicial punishment (NUP) for a brief period of unauthorized
absence (UA), and wrongful use of cocaine. You were allowed to
remain on active duty and were referred to a drug and alcohol
abuse program. Subsequently, you were placed on the command’s
urinalysis surveillance program. Unfortunately, during the
program you had a confirmed urinalysis for cocaine.
On 24 May 1990, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB). On 12 June 1990, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 26 June 1990, the discharge
authority directed an other than honorable discharge by reason of
misconduct. On 20 July 1990 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, prior honorable service, and overall record of your
last period of service. Nevertheless, the. Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your NJP for drug use and failure to
refrain from drug use after being placed on the commands
Surveillance program. Further, you waived the right to an ADB,
your best chance for retention or a better characterization of
service. 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 may be eligible for veterans’
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on either
period of service is a matter under the cognizance of the
Department of Veterans Affairs (DVA). If you have been denied
benefits, you should appeal that ,denial under procedures
established by the DVA.
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,
| 6a see SS Cee
ROBERT D. ~ZSALMAN
Acting Executive Director
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