DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3807-08
16 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
14 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 2 July 1979, you reenlisted in the Navy at age 27 after a prior
period of honorable service in the Navy Reserve and Navy. During
the period 11 January 1980 to 17 December 1982, you had nonjudicial
punishment (NJP) on four occasions. Your offenses included wrongful
appropriation of a meal card, a two day period of unauthorized
absence (UA), possession of a controlled substance, and use of
Marijuana. You subsequently received substance abuse treatment.
On 28 January 1986, you had NJP for use of marijuana. On
29 January 1986, you received a substance abuse evaluation during
which you denied use of drugs. During the period 31 January to
17 March 1986, you were in a UA status on two occasions that totaled
about 21 days. On 21 March 1986, you had NUP for these two periods
of UA.
On 24 March 1986, 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 waived the right to
have your case heard by an administrative discharge board (ADB).
On 19 May 1986, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to drug abuse. On 30 May 1986, 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. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your 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 official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
W. DEAN P
Executive Di
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