DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00557-10
30 September 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 29 September 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 2 October 1986. On 13 April 1988,
you received nonjudicial punishment (NJP) for the illegal use of
ecstasy. On 20 April 1988, 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. On 9 June 1988, the discharge authority directed an
other than honorable discharge by reason of misconduct for drug
abuse. On 22 June 1988, you were so discharged. At that time
you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of NUP for drug abuse. The Board noted that you
waived your right 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 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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