DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06975-09
26 May 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 26 May 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 5 July 1985. Between 6 April and
28 April 1989, you received two nonjudicial punishments (NJP‘s)
for the illegal use of cocaine, being in an unauthorized absence
(UA) status, having possession of a stolen armed forces
identification card, breaking restriction and making a false
statement. On 9 May 1989, administrative separation action was
initiated by reason of misconduct for drug abuse. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct for drug abuse. On
30 May 1989, you were so discharged. At that time you were
assigned an appropriate 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 recharacterization
of your discharge, given your record of two NJP’s for drug abuse
and misconduct. The Board noted that you waived your rights to
an ADB, your best opportunity for retention or a more favorable
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 noted that you may be eligible for benefits with the
Department of Veterans Affairs (DVA) based on your first period
of honorable service. You may wish to contact your local office
of the DVA for a determination.
It ig 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,
\Ddeea
W. DEAN
Executive
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