DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07323-10
29 April 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 28 April
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You reenlisted in the Navy on 3 June 1986. You were convicted by
summary court-martial on 12 December 1988 of a drug offense. You
were examined and found physically qualified for separation on 28
December 1988. You were discharged under other than honorable
conditions on 7 February 1989 by reason of misconduct/drug abuse
(cocaine) .
The available records do not establish that you were unfit for duty
by reason of physical disability on the date of your discharge. You
would not have been entitled to disability retirement or separation
at that time even if you had been unfit for duty, because a discharge
by reason of misconduct would have taken precedence over and
precluded disability evaluation processing. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
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,
WD RanG
W. DEAN PFET
Executive Di E
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