DEPARTMENT OF THE NAVY
BOARD FOR.CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 10017
“ARLINGTON, VA 22204-2490
TIR
Docket No: 4160-12
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 ail
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 24 February 1993 and immediately
began a period of active duty. You served without disciplinary
incident until 1 June 1996 when you received nonjudicial
punishment (NUP) for wrongful use of methamphetamine. The
punishment imposed was reduction to paygrade E-3, restriction and
extra duty for 45 days, and a $1,106 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 4 June
1936, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. On 13 June 1996 the discharge authority approved this
recommendation and on 27 June 1996, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed ail potentially mitigating factors, such as
your post service conduct, desire to change the characterization
- of your other than honorable discharge, letter of recommendation,
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 drug related misconduct, which
'resulted in NUP. 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,
W. DEAN P ,
Executive RUCK
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