DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100 .
TUR
Docket No: 8039-08
14 July 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 7 July 2009. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Navy on 22 October 1982 after five years of
prior honorable service. You continued to serve without
disciplinary incident until 29 July 1983, when you were convicted
by special court-martial (SPCM) of a 69 day period of
unauthorized absence (UA).
On 13 December 1984 and again on 20 February 1985 you received
nonjudicial punishment (NJP) for wrongful use of marijuana and
two specifications of wrongful use of cocaine.
On 21 February 1985 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 13 March 1985 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse as evidenced by positive urinalysis for seven incidents of
cocaine use and two incidents of marijuana use during the period
from 21 January to 5 March 1985. On 22 March 1985 the discharge
authority approved this recommendation for discharge, and on 24
March 1985 you were issued an other than honorable discharge by
reason of misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and desire to
upgrade your discharge. It also considered your assertion of
medical and/or physical problems, specifically, the loss of five
toes. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive drug related
misconduct and your lengthy period of UA from the Navy. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
You may be eligible for veterans’ benefits which accrued during
your first period of service. Whether or not you are eligible is
a matter under the cognizance of the Department of Veterans
Affairs (DVA). If you have been denied benefits, you should
appeal that denial under procedures established by the DVA.
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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