DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01931-10
18 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 17 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
injustice.
You reenlisted in the Navy on 6 November 1985. On 21 January
1986, you received nonjudicial punishment (NUP) for the wrongful
use of marijuana. On 5 August 1986, administrative discharge
action was initiated by reason of misconduct (drug abuse). On
20 October 1986, your case was heard by an administrative
discharge board (ADB), which voted three to zero in favor of an
other than honorable (OTH) discharge due to misconduct (drug
abuse). On 21 November 1986, your commanding officer concurred
with the ADB’s finding and recommended that you be discharged
under other than honorable conditions by reason of misconduct
(drug abuse). On 13 February 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 pricr
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 one NUP
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
of service is a matter under the cognizance of the Department of
Veterans Affairs (DVA). If you have been denied benefits, you
‘should appeal that denial under procedures established by the
“DVA. ,
git 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,
\
ees
Executive D oO
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