DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1048-08
29 September 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 23 September 2998. 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.
You reenlisted in the Navy on 24 May 1982 at age 23. On 9 August
1984 you received nonjudicial punishment for wrongful use of
Marijuana. Based on your drug abuse, you were processed for an
administrative discharge. Subsequently, an administrative
discharge board found that you had committed misconduct due to
drug abuse and recommended a suspended discharge under other than
honorable conditions. After review, the separation authority
approved the recommendation for an unsuspended discharge. You
received the discharge under other than honorable conditions on 5
December 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and period of good service in your second enlistment.
The Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your drug use. It is
clear to the Board that you were on notice that drug use would
lead to processing for a discharge under other than honorable
conditions but you used drugs anyway. 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 believes that you are eligible for veterans' benefits
based on your prior honorable service. Therefore, if you have
been denied benefits, you should appeal that denial under
procedures established by the Department of Veterans Affairs
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,
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