DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9659-09
22 July 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 20 July 2010. The names and votes of the
members of the panel will be furnished upon request. 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 December 1985 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 30 September 1987, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana. You
were counselled regarding this misconduct and advised that,
although you were being retained, any further misconduct,
especially drug related misconduct, would result in an
administrative discharge. Less than three months later, on 15
December 1987, you again received NJP for wrongful use of
marijuana.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected your procedural
right to present your case to an administrative discharge board
(ADB). On 15 January 1988 an ADB recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. On 29 January 1988 your commanding officer also
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 12 February 1988 the
discharge authority approved these recommendations and directed
separation under other than honorable conditions by reason of
misconduct due to drug abuse, and on 1 March 1988 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
period of prior honorable service and desire to upgrade your
discharge so that you may obtain veterans’ benefits.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive drug related
misconduct which continued even after you were warned of the
consequences which would result from this type of offense.
Accordingly, your application has been denied.
The Board believes that you are eligible for veterans’ benefits
which accrued during your prior period of service. However, your
eligibility is a matter under the cognizance of the Department of
Veterans Affairs (DVA). You should contact the nearest DVA
office concerning your rights, specifically, whether or not you
are eligible for benefits based on your prior period of service.
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,
\ oad
W. DEAN
Executive Lrector
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