DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 JN
Docket No: 08769-09
28 June 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 22 June 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 27 August 1982 after six years of
honorable service. The Board found that on 21 duly 1985, you
received nonjudicial punishment (NJP) for wrongful use of
marijuana, disrespectful language, and disobedience. On
21 duly 1985, you were found to be a drug or alcohol abuser. You
were counseled and warned that further misconduct or drug
involvement could result in administrative discharge action.
Additionally, you were placed on the command’s urinalysis
surveillance program. On 22 and 29 November 1985, you tested
positive for marijuana. You were released from the alcohol
rehabilitation program, and administrative discharge action was
initiated by reason of misconduct due to drug abuse. An
administrative discharge board recommended that you be discharged
from the service with an other than honorable (OTH) discharge due
to drug use. Subsequently, your case was forwarded and the
separation authority directed that you receive an OTH discharge.
You were so @discharged on 6 May 1986.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and last period of active duty. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NJP for drug use,
failure to adhere to your command’s urinalysis program, failure
of the drug and alcohol rehabilitation program, and the fact that
you were warned of the consequences of further drug involvement.
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 prior honorable 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 entitied 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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