DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 676-12
31 October 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 24 October 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
4 October 1993 at age 20. On 31 March 1995, 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
(drug abuse). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 27 April 1995, you received the OTH discharge for misconduct
(drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your: discharge due to your drug abuse. Finally, the Board
found that you waived the right to an ADB, your best opportunity
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.
e circumstances of your case are such
It is regretted that th
You are entitled to have
that favorable action cannot be taken.
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,
TA Ke
ROBERT D. ZSALMAN
Acting Executive Director
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