DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03502-11
17 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 12 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.
You enlisted in the Navy and began active duty on 18 November
1987. During the period from 5 April 1989 to 27 July 1994, you
received three nonjudicial punishments (NUJP‘s) for three periods
of unauthorized absence (UA) totaling 34 days, and wrongful use
of marijuana. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You elected to consult counsel and have your case
heard before an administrative discharge board (ADB). On 31
August 1994, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to drug
abuse. On 15 September 1994, your commanding officer (CO)
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 30 September 1994,
the discharge authority directed an OTH discharge by reason of
misconduct due to drug abuse. You were discharged on 14 October
1994,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, post service accomplishments, and contention of
“Double Jeopardy”. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your three NUP’s, one of which was for
wrongful use of drugs. With regard to your contention, it is
important to keep in mind that the NUP and ADB were two separate
fact finding processes. In your case the CO’s decision to ~~
impose NUP was based on a valid urinalysis. Further, Navy
regulations state that all CO’s must process for separation
Sailors who have committed misconduct due to drug abuse, and
since you presented no significant evidence at the ADB to secure
your retention, you were administratively discharged from the
Naval service. 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;
haw,
Executive D
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