DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION CF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1901
ARLINGTON, VA 22204-2490
SON .
Docket No: 03848-12
14 March 2013
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 12 March 2013. 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.
On 28 September 1987, you reenlisted in the Navy after serving
over four years of honorable service. On 21 September 1992, you
received nonjudicial punishment (NJP) for wrongful use of
cocaine. Subsequently, administrative discharge action was
imitiated by reason of misconduct due to wrongful drug use. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
October 1992, you received a second NUP for disobedience and
dereliction of duty. Your case was forwarded recommending that
you be discharged under other than honorable conditions by reason
of misconduct. On 10 November 1992, the discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to drug use. You were so discharged on
18 November 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of prior honorable service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NJP’s, one of which was for
wrongful drug use. Finally, 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 ail 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. DE
Executive Dir
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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. You enlisted in the Navy and began a period of active duty on 15 May 1987. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting.in executive session, considered your application on 3 December 2009. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your wrongful use of cocaine and marijuana. 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.
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