DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5930-08
26 February 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 25 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 17 December 1982, you reenlisted in the Navy at age
24 after a prior period of honorable service. On 27 July 1983,
you had nonjudicial punishment (NJP) for use of marijuana. You
were also counseled regarding your misconduct, placed on the
urinalysis surveillance program, advised to seek substance
abuse assistance, and warned that further infractions could
result in disciplinary action or an other than honorable
discharge. On 26 August 1983, a substance abuse report stated
that you completed a rehabilitation program and had good
potential for further service. On 2 November 1984, you
were counseled regarding deficiencies in your performance
and conduct and were given another discharge warning. On
29 November 1984, you were apprehended by civilian
authorities for driving under the influence of alcohol.
On 6 December 1984, you returned to your command after being
in an unauthorized absence (UA) status for about seven days.
On 29 January 1985, you had NUP for the seven day period of UA
and a violation of uniform regulations. On 8 April 1985, you
were convicted by a special court-martial of use of cocaine.
Your sentence included confinement, reduction in rank, anda
bad conduct discharge (BCD). After the BCD was approved at all
levels of review, on 7 January 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
regret for your misconduct, substance abuse, and period 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.
Furthermore, substance abuse does not excuse misconduct.
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 period 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,
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