DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05108-10
10 February 2011
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 February 2011. 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 enlisted in the Navy on 6 August 1982, and served honorably
for over three years. You reenlisted on 5 February 1986. On
10 July 1987, you were evaluated for drug abuse, and recommended
for drug and alcohol rehabilitation. On 19 August 1987, you
provided a urine sample which tested positive for cocaine. You
were placed on the drug urinalysis surveillance program by reason
of providing a positive sample. On 28 April 1988, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) status for 28 days. You provided a second urine sample
which tested positive for a controlled substance. On 18 August
1988, 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 (OTH) conditions by reason of misconduct (drug
use). On 10 September 1988, the discharge authority directed an
OTH discharge by reason of misconduct for drug abuse. On
23 September 1988, you received the under OTH conditions
discharge 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 recharacterization of your
discharge, given your record of two positive urinalyses, and one
NJP for drug abuse and misconduct. The Board noted that you
waived your right tov’an ADB, your best opportunity for retention
or a more favorable characterization of service. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board noted that you may be eligible for benefits with the
Department of Veterans 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,
> seated
Executive
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