DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 03125-09
16 April 2010
ication for correction of your
e 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 April 2010. 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 policiés.
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 and began a period of active duty on
16 December 1983. During the period from 30 April 1986 to
15 November 1990, you received two nonjudicial punishments
(NJP's) for the following offenses: drunk and disorderly, being
too incapacitated for the proper performance of duty, and the
wrongful use of a controlled substance, cocaine. After your
first NUP, you were counseled and warned that further misconduct
could result in administrative separation.
On 31 December 1988, administrative discharge action was
initiated by reason of misconduct. Your case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an under other than honorable discharge, however it
recommended that the OTH discharge be suspended for 12 months.
Your commanding officer concurred with the ADB’s recommendation
with the exception of the suspension, and forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct for drug abuse. On 11 April
1991, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge given your record of two
NJP's, and the fact that you were counseled and warned of the
consequences of further misconduct. An RE-4 reenlistment code is
required when an individual is discharged due to misconduct such
as drug abuse. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA), and you should contact the nearest office of the
DVA concerning your eligibility to apply for 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. DE S:
Executive D Lor
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