DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9224-09
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you received an
honorable discharge from the Navy for the period from 11
December 1978 to 22 December 1982. On 23 December 1982, you
reenlisted. You received nonjudicial punishment (NJP) on two
occasions for wrongful use of marijuana. After your first NUP,
you were counseled regarding your drug abuse and warned that
further offenses could result in administrative separation.
You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 12 October 1983, you received the OTH
discharge for misconduct (drug abuse), and were assigned an RE-
4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
alcohol abuse. However, the Board found that your OTH
discharge should not be changed due to your repeated drug
abuse. The Board noted that you committed further misconduct
after being counseled and warned that further offenses could
result in administrative separation. The Board also noted that
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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 entitled to Department of
Veterans Affairs (DVA) benefits based on your prior honorable
service. You may wish to contact your local office of the DVA
for a determination.
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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