DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 350-12
27 September 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 26 September 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 a period of active duty on
28 October 1991 at age 18. On 4 June 1992, you received
nonjudicial punishment (NJP) for two instances of signing a false
official document with intent to deceive. After your first NUP,
you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On
15 February 1994, you received NUP 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 1 March 1994, the
separation authority approved the OTH discharge for misconduct.
On 11 March 1994 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge due to your 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 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 PF
Executive tor
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