DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04050-08
17 February 2009
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 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 12 June 1981, and served without
disciplinary incident until 14 April 1982, when you received
nonjudicial punishment (NJP) for falsifying your military
identification card.
Shortly thereafter, on 8 November 1983, you tested positive for
cocaine use during a random command urinalysis test. However,
you were only given a warning stating that any further misconduct
will result in an administrative discharge. However, on 12
December 1983, you received an NJP for an unauthorized absence,
disrespect toward a noncommissioned officer, and wrongful use of
an illegal substance. Therefore, on 21 January 1984, you were
recommended for separation with an other than honorable (OTH)
discharge due to your drug abuse, and on 29 January 1984, the
separation authority approved the recommendation. On 17 February
1984, you were separated with an OTH discharge and 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 youth, post service conduct, and the passage of time.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. Nevertheless, the Board concluded these factors
were not sufficient to warrant changing the characterization of
your discharge because of the seriousness of your misconduct.
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,
\ Mas
W. DEAN P
Executive or
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