DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 11112-07
6 November 2006
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 5 November 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 Naval Reserve on 5 December 1987 and served
without disciplinary infraction until 17 April 1991, when your
urine sample tested positive for cocaine. On 21 April 1991 you
were referred for a medical evaluation because of your alcohol
and cocaine abuse. The physician found that you were not
amenable to counselling, drug and alcohol education, or
rehabilitation because you were likely to experience drug and
alcohol problems in the future. At that time you were diagnosed
with a personality disorder with mixed avoidant features.
On 27 June 1991 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 5 October
1991 an ADB recommended discharge under honorable conditions by
reason of misconduct due to drug abuse. On 31 October 1991 your
commanding officer concurred with the recommendation of the ADB.
Shortly thereafter, on 13 November 1991, the discharge authority
approved these recommendations and directed a general discharge
by reason of misconduct, and on 15 November 1991 you were so
discharged, and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, character
reference letters, and prior proceedings from both the Naval
Discharge Review Board and a panel of BCNR. It also considered
your request for dismissal of the offense of cocaine abuse since
you were not in an actual duty status. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change in your
narrative reason for separation because of your positive
urinalysis for cocaine. Further, the Board stated that your
request for dismissal of the cocaine offense should also be
denied. In this regard, the Board noted that disciplinary action
may not be taken unless it can be determined that the drug abuse
occurred during the time when the reservist was the subject of
the Uniform Code of Military Justice (UCMJ). However, it further
noted that a reservist can be administratively separated by
reason of misconduct due to drug abuse, such as in your case.
Finally, Sailors separated by reason of misconduct normally
receive other than honorable discharges. As such, the Board
noted that you were fortunate to receive a general discharge.
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,
\o' :
W. DEAN PF
Executive Di
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