DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8667-07
27 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 21 October 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 1 July 1985 after more than four
years of prior honorable service. You served for nearly three
years without disciplinary incident, but on 1 June and again on
26 August 1988 you received nonjudicial punishment (NJP) for two
specifications of wrongful use of Phencyclidine (PCP). On 11
October and 19 December 1988 your urine sample tested positive
for cocaine.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
Case to an administrative discharge board (ADB). On 19 January
1989 an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 21
February 1989 your commanding officer also recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. On 15 March 1989 the discharge authority approved these
recommendations, and on 13 May 1989, you were so discharged. At
that time you were advised to obtain Level II rehabilitation at
your nearest veterans affairs hospital.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your discharge
so that you may obtain veterans benefits. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
drug related misconduct as evidenced by two NJPs and two
additional positive urinalysis. 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,
LoS ana’ )
W. DEAN PF
Executive or
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