DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00564-10
8B October 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 5 October 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
LIyUustice.,
You reenlisted in the Navy on 14 May 1984. On 27 August 1985,
you were convicted by a special court-martial (SPCM) of the
wrongful use of marijuana, and being disrespectful in language to
a petty officer. You were sentenced to forfeitures of $900,
reduction in pay grade and 60 days confinement at hard labor. In
January 1986, you were required to attend a Level II program for
alcohol and drug abuse. On 26 September 1986, you provided a
urinalysis sample which tested positive for cocaine. On 14 July
1986, 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 ofiicer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On 22 August
1986, the discharge authority directed an other than honorable
discharge by reason of misconduct for drug abuse. On 5 September
1986, 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, 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 conviction by SPCM of
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
bes pligat Es “been denied. The names and votes of the members
ee "be furnished upon request.
avers Ot: Lise, Rebels
The Board noted that you may be eligible for benefits with the
“Bepaypment of wWeferans 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,
Dees
Executive
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