DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 828-10
26 October 2010
pment e
—.
This ig 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 20 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
injustice.
You reenlisted in the Navy on 13 June 1986 after more than two
years of prior honorable service. On 18 March 1993, you received
nonjudicial punishment (NIP) for unauthorized absence (UA) from
your appointed place of duty. You were found to be alcohol
dependent and were screened and referred to Level II alcohol
rehabilitation treatment. You were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 6 September 1994, you received NUJP
for wrongful use of marijuana. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 8 December
1994, you received the OTH discharge for misconduct (drug abuse) ,
and 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 prior honorable service. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. Finally, the Board noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Vtiegwour eligibility is a matter under the
ORME ee the Wereerment of Veterans Affairs (DVA). In this
regard, you should contact the nearest DVA office concerning your
lg eqifically, whether or not you are eligible for
benefits based on this 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,
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