DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7802-07
15 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 14 May 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.
On 25 April 1986, you enlisted in the Navy at age 20.
On 9 March 1987, you had nonjudicial punishment (NJP) for
driving while intoxicated. You were subsequently diagnosed as
being alcohol dependent and received treatment. On
13 October 1988, your urinalysis tested positive for
amphetamines. On 18 October 1988, 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 (OTH) discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On
19 October 1988, you had NUP for wrongful use of a controlled
substance. On 29 October 1988, the separation authority
approved the separation recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
10 November 1988, you were so discharged and assigned an R
reenlistment code.
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The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contentions that your average
overall trait and military behavior marks precluded you from
receiving an RE-4 reenlistment code and you were not offered a
second urinalysis. Nevertheless, the Board concluded that these
factors were not sufficient to warrant changing the RE-4
reenlistment code or recharacterization of your discharge due to
the seriousness of your misconduct. Regarding your contentions,
according to regulations, overall trait and military behavior
mark averages are not utilized to determine characterization of
service for members who are discharged due to misconduct.
Furthermore, regulations do not require a second urinalysis to
discharge a member by reason of misconduct due to drug abuse.
Finally, the Board noted that you waived the right to have your
case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service. 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.
Sincerely,
ROBERT D.*\2%SALMAN
Acting Executive Director
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