DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07844-08
8 May 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 6 May 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 initially enlisted in the Navy from 1980 to 1983, and
received an honorable discharge and an RE-R1 reenlistment code.
You reenlisted on 26 October 1983, and served without
disciplinary incident until 24 March 1984, when you were
counseled for drug use (marijuana). Further, on 11 December
1984, you received nonjudicial punishment for illegal use of a
controlled substance (marijuana). On 27 December 1984, you were
recommended for separation due to your drug abuse. However, your
commanding officer recommended a general discharge due to your
work performance. Although the separation authority approved the
recommendation for separation, he directed an other than
honorable (OTH) discharge vice a general discharge on 9 January
1985. Therefore, on i0 January 1985, you were separated with an
OTH 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 and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. 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 you may be eligible for veterans’ benefits
from your first period of honorable service. You should contact
the nearest office of the Department of Veterans Affairs to make
a determination of your eligibility.
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,
\p
W. DEAN
Executive \Dh ter
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