DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$, COURTHOUSE ROAD
ARLINGTON, VA 22204
SJN
Docket No: 03111-11
10 January 2012
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 5 January
2012. 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 19 November 1982, you reenlisted in the Navy after serving over
five years of honorable service. The Board found that you received
two nonjudicial punishments (NUP’s). Your offenses were wrongful use
of marijuana and cocaine. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug abuse. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 29 July 1988, the ADB
recommended separation with an other than honorable (OTH) discharge by
reason of misconduct due to drug abuse. On 22 August 1988, your
commanding officer concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 11 September 1988, the
Gischarge authority directed an OTH discharge by reason of misconduct
due to drug abuse. On 7 October 1988 you were so discharged.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth, prior honorable
service, and post service accomplishments. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s, both of
which were for drug use. 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,
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