DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4663-11
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 12 July 1991 at age 19 and began a
period of active duty on 3 December 1991. You served without
disciplinary incident until 6 May 1993, when you received
nonjudicial punishment (NJP) for wrongful possession and use of
marijuana. The punishment imposed was a $814 forfeiture of pay,
restriction and extra duty for 45 days, and reduction to paygrade
E-1. On 17 June 1993 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 7 July 1993, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 27 July 1993 the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct and on 5 August 1993
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 so that you may
obtain veterans’ benefits. 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,
Ne:
Executive Diyetto
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