DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 05654-11
1 March 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 29 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 enlisted in the Navy on 20 September 1983, at age 21.
During your in-processing paperwork you signed and acknowledged
documentation concerning the Navy’s Zero Tolerance policy on
drug and alcohol abuse. On 12 March 1986, you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
On 6 September 1986, you received NJP for wrongful possession
and use of marijuana. On 6 March 1986, administrative
separation action was initiated by reason of misconduct for drug
abuse (use). You waived your rights to consult counsel, submit
a statement or have your case heard by an administrative
discharge board (ADB). On 20 March 1986, your commanding
officer forwarded his recommendation that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct (drug abuse). On 28 March 1986, the discharge
authority directed an OTH discharge by reason of misconduct for
drug abuse (use). On 1 April 1986, you received the OTH
discharge due to misconduct (drug abuse (use)). At that time you
were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge,
given your record of two NJP’s for misconduct and drug abuse
(use). The Board noted that you waived your right to an ADB,
your best opportunity for retention or a more favorable
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 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 hom SR,
W. DEAN P
Executive Dije&¥¥o
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