DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3760-11
10 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. The names and votes of the
members of the panel will be furnished upon request. 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 on 9 April 1988 at age 17 and began a
period of active duty on 8 December 1988. You served without
disciplinary infraction until 19 January 1990, when you were
absent from your appointed place of duty. You were again in an
unauthorized absence (UA) status from 9 to 22 February 1994. The
record does not reflect the disciplinary action taken, if any,
for these periods of UA.
On 14 April 1994 you received nonjudicial punishment (NJP) for
wrongful use of marijuana and were awarded a $1,100 forfeiture of
pay, restriction and extra duty for 45 days, and reduction to
paygrade E-3. Shortly thereafter, on 18 April 1994, you were
notified of pending administrative separation action by reason of
misconduct due to drug abuse. At that time you waived your right
to consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 6 May 1994 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 12 June 1994 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 6 July 1994 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your letter of explanation regarding the circumstances
surrounding your term of service and subsequent discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your drug related misconduct which was contrary to the
Navy’s “zero tolerance” policy. Further, you were given an
opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. Accordingly, your
application has been denied.
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 PFINF
Executive Direxto
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