DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01883-10
10 November 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 9 November 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
in yjuskLee .
You reenlisted in the Navy on 23 January 1981. On 21 October
1981, you received nonjudicial punishment (NOP) for dereliction
in the performance of your duties by being intoxicated while on
duty. On 14 July 1983, you received NUP for being in an
unauthorized absence (UA) status for three days. On 11 January
1984, you received NUP for being UA an unknown period o£ time.
On 6 June 1984, you received NUP for disobeying a general order
(positive urinalysis). On 28 June 1984, you received your fifth
NIP for disobeying a general order (positive urinalysis). On
28 June 1984, 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 for drug abuse.
The discharge authority directed an other than honorable
discharge by reason of misconduct for drug abuse. On 31 July
1984, 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 five NJP’s for misconduct
and 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. Th names and votes of the members of the panel
feu be ‘furnished upon request.
The Board noted “that you may be eligible for benefits with the
partment of Veterans Affairs (DVA) based on your first period
of honotable gervice. 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,
Executive
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