DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01033-10
15 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 14 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 10 June 1983, after more than ehres
years of honorable service. On 23 July 1986, you received
nonjudicial punishment (NOP) for the wrongful use of marijuana.
On 30 July 1986, administrative discharge action was initiated by
reason of misconduct (drug aise). Om 2 Oeteber 1986, your vere
was heard by an administrative discharge board (ADB), which voted
two to one in favor of an other than honorable (OTH) discharge
due to misconduct (drug abuse). On 5 November 1986, your
commanding officer concurred with the ADB's recommendation and
forwarded his recommendation that you be Gischarged under other
than honorable conditions by reason of misconduct (drug abuse).
However, on 12 March 1987, you received a second NJP for the
wrongful use of marijuana. On 5 May 1987, you received the OTH
due to misconduct (drug abuse). 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 prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason or
characterization of your discharge given your record of two
NJP's, for drug abuse (use). An RE-4 reenlistment code is
required when an individual is discharged due to misconduct such
as drug abuse. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
The Board believes that you may be eligible for veterans’
,benefits that accrued during your first period of service.
, Whether or not. you are eligible for benefits based on this period
gf service is a matter under the cognizance of the Department of
eterans Affairs (DVA). If you have been denied benefits, you
*should appeal that denial under procedures established by the
DVA.
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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