DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10761-07
31 July 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 30 July 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 11 January 1990, you reenlisted in the Navy at age 33 after
two prior periods of honorable service. You subsequently began
receiving medical treatment for your shoulder, elbow, and back.
On 7 November 1991, you extended your two year enlistment for
nine months. On 18 June 1992, you had nonjudicial punishment
for use of marijuana and methamphetamines.
On 18 June 1992, 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 elected to have your case heard by an
administrative discharge board (ADB). On 30 July 1992, the
ADB convened and found that you were guilty of misconduct due
to drug abuse and recommended an OTH discharge. On
28 September 1992, the separation authority approved the
discharge recommendation and directed an OTH discharge by
reason of misconduct due to drug abuse. On 9 October 1992, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
periods of honorable service. The Board also considered your
explanation of having personal problems and contention that
you self medicated with an illegal drug to relieve pain.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. Regarding your
contention, use of illegal drugs in the Navy is prohibited.
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 veterans' benefits.
You should contact the nearest office of the Department of
Veterans Affairs if you desire clarification about your
eligibility for those benefits.
The Board further noted that a DD Form 214 is not contained in
the record for your first period of honorable service ending on
13 January 1986. If you do not have a copy, you may contact
the Navy Personnel Command, Code PERS-312E, 5720 Integrity
Drive, Millington, Tennessee 38055-3120, to request issuance of
a DD Form 214 for your first period of honorable service.
Sincerely,
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