DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3780-08
8 January 2009
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
7 January 2009. 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 16 February 1982, you reenlisted in the Navy at age 24 after a
prior period of honorable service and served without incident for
about 30 months. On 1 August 1984, you were counseled regarding
deficiencies in your performance and conduct and warned that further
infractions could result in disciplinary action or an other than
honorable (OTH) discharge. On 5 September 1984, you had nonjudicial
punishment (NUP) for breach of the peace. On 5 July 1985, you were
convicted by a special court-martial for four instances of use of
marijuana.
On 8 July 1985, 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 elected to have your case heard by an
administrative discharge board (ADB). On 22 July 1985, an ADB
convened and found misconduct by reason of drug abuse and recommended
an OTH discharge. On 16 September 1985, the Secretary of the Navy
approved the recommendation and directed an OTH discharge by reason
of misconduct due to drug abuse. On 2 October 1985, you declined
substance abuse treatment at a Veterans' Administration hospital. On
2 October 1985, you were discharged with an OTH discharge by réason
of misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your belief that your discharge would be
upgraded after six months and good post service conduct.
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 were
warned that further infractions could result in an OTH discharge.
Furthermore, there is no provision in the law or regulations that
allows for recharacterization of service due to the passage of time
or post service conduct. 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 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 official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
W. DEAN PFEI
Executive Dir
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