DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR .
Docket No: 4147-12
14 March 2013
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 12 March 2013. 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 2 October 1992 and began a period of
active duty on 2 December 1992. You served without disciplinary
incident until 7 April 1994 when you received nonjudicial
punishment (NUJP) for wrongful possession and use of marijuana,
Missing the movement of your ship, and a.13 day-.period of
unauthorized absence. The punishment imposed was reduction to
paygrade E-1, restriction and extra duty for 45 days, and a $832
forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights to consult with legal counsel and to present
your case to an administrative discharge board (ADB), on 8 April
1994, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. On 19 Aprii 1994 the discharge authority approved this
recommendation and on 4 May 1994, 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 change the characterization of your other than
honorable discharge and the passage of time. Nevertheless, the
Board concluded these factors were not sufficient to warrant
_ relief in your case because of the seriousness of your repetitive .
misconduct, which included drug abuse and result in NUP.
Further, the Board noted that you were given an opportunity to
defend yourself, but waived your procedural rights. . Finally, no
discharge is automatically upgraded due solely to an individual’s
good post service conduct or the passage of time. 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,
Wenn’
W. DEAN PF
Executive
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