DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 11377-10
28 July 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 26 July 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.
On 12 March 1987, you reenlisted in the Navy after three years of
honorable service. The Board found that you received nonjudicial
punishment (NIP) for wrongful use of a controlled substance. You
received a reduction in rate, a forfeiture of pay and
restriction. On 12 October 1988, you were reinstated to paygrade
E-5 due to your performance. However, on 6 February 1992, you
received NUP for wrongful use of cocaine and received a reduction
in paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug use. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
28 February 1992, a substance abuse report stated, in part, that
you were found to be dependent on drugs, but amenable to drug
rehabilitation. It was recommended that you be administratively
separated and to receive treatment via a veterans’ hospital prior
to your separation from the service. Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. Your commanding
officer stated, in part, that you were a promising performer and
your previous command had thought enough of your performance to
reinstate you after your first drug offense. On 28 March 1992,
the discharge authority concurred and directed an OTH discharge
by reason of misconduct due to drug use. You were so discharged
on 22 June 1993,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, record of your last period of service, post service
accomplishments, character letters, and progress with your drug
rehabilitation. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your two NUP’s for drug use, and the fact that
you were given an opportunity to earn a better characterization
of service when you were retained in the service after your first
drug use. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
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 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 either
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.
- 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,
W. DEAN P
Executive Bi or
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