DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 440-08
28 August 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 27 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 5 May 1983, you reenlisted in the Navy at age 26 after two
prior periods of honorable service. On 24 August 1983, your
urinalysis tested positive for cocaine. On 22 December 1983,
you were convicted by a special court-martial of use of
cocaine. On 23 December 1983, you began an unauthorized
absence (UA) that ended on 27 December 1983, a period of about
four days. On 3 January 1984, you had nonjudicial punishment
for absence from your appointed place of duty. You were also
counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in an
other than honorable (OTH) discharge. You subsequently began
drug rehabilitation. On 22 February 1984, you acknowledged
completing drug rehabilitation and certified that you
understood that residential drug rehabilitation was a one time
opportunity and that return to drug abuse would be grounds for
a punitive or OTH discharge. Based on the information
currently contained in the record, it appears that your
urinalysis subsequently tested positive for marijuana.
On 9 April 1984, 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 OTH discharge and waived the
right to have your case heard by an administrative discharge
board (ADB). On 27 April 1984, the separation authority
approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
3 May 1984, 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
contention that personal problems contributed to your
misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct that
continued even after you received drug rehabilitation and were
warned that further infractions could result in an OTH
discharge. Regarding your contention, personal problems do not
excuse misconduct. The Board also 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.
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.
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
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