DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4855-11
22 February 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 15 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
injustice.
You reenlisted in the Navy on 7 September 1994, after more than
three years of prior honorable service. On 21 February 1996, you
received nonjudicial punishment (NJP) for wrongful use of
marijuana. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On
22 March 1996, the separation authority approved the OTH discharge
for misconduct. On 5 April 1996 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct that
resulted in an NUP for illegal drug use. The Board noted that
you waived the right to an ADB, your best chance for retention
or a better characterization of 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 xecords.
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,
LF Loan )
setae dA
Executive Diveéc
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