DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03777-11
7 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 February 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
Ln JUStiee.
You had prior honorable service in the Navy from LOTT to 1933:.
You reentered active duty in the Navy on 23 December 1983, and
served without disciplinary incident until 22 September 1989,
when you tested positive for cocaine use during a command
urinalysis. On 27 September 1989, you received Counseling and
Assistance Center (CAAC) screening and met the eriteria for
substance abuse and were recommended for the Veterans Affairs
drug treatment program. Due to your drug usage and the Navy's
zero tolerance policy, you were recommended for administrative
separation with an other than honorable (OTH) discharge due to
your drug abuse. You exercised your right to counsel and
requested an administrative discharge board (ADB). However, on
30 November 1989, you received nonjudicial punishment for
disrespect to a noncommissioned officer. On 7 December 1989, the
ADB voted to separate you due to your drug abuse with an OTH
discharge. Furthermore, after your ADB, you again tested
positive for cocaine use. The separation authority approved the
recommendation and on 15 February 1990, you were separated with
an OTH discharge and an RE-4 reenlistment code
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that sufficient time has passed and you have
paid your dues. Additionally, the Board noted your request to be
present before the Board. Please be advised that hearings before
the Board are not granted as a matter of right. Hearings are
granted when the Board determines there is some indication of
error or injustice and that a hearing will serve a useful
purpose. Therefore, the Board concluded these factors were not
sufficient to warrant a personal hearing or recharacterization of
your discharge due to the seriousness of your offense of drug
abuse. You are further advised that no discharge is upgraded due
merely to the passage of time or post service good conduct.
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,
Ly Dawe
W. DEAN PF
Executive na
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