DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 1224-12
7 November 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 6 November 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 28 December 1982 and immediately
began a period of active duty. You served without disciplinary
incident until 26 June 1988, when you received nonjudicial
punishment (NJP) for two specifications of wrongful use of
Marijuana. Subsequently, you were administratively processed for
separation by reason of misconduct due to drug abuse. After
consulting with legal counsel, you elected your right to present
your case to an administrative discharge board (ADB). On 31
August 1988 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 27 September 1988 your commanding officer also recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. On 27 October 1988 the discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 1 November 1988, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of being
erroneously and improperly discharged. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Finally, there is documented
evidence in the record that is contrary to your assertion.
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,
Quan Aboot
(for) ROBERT D. ZSALMAN
Acting Executive Director
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