DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04907-09
19 April 2010
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 13 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 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 20 December 1987 after three years
of honorable service. On 23 February 1988, you received
nonjudicial punishment (NUP) for use of cocaine. On 7 March
1988, administrative discharge action was initiated to separate
you by reason of misconduct due to drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your case was
forwarded to the separation authority recommending an under other
than honorable discharge by reason of misconduct due to drug
abuse. The discharge authority concurred and directed an other
than honorable discharge by reason of misconduct due to drug
abuse. You were so discharged on 15 April 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, last period of service, and character letter.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your drug use. Further, the Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. 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 you may be eligible for veterans’
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on either
period of service 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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