DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
SION
Docket No: 04278-12
13 March 2013
This ig 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 ailegations of error and
injustice were reviewed in accordance with administrative
reguiations 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
21 August 1990. The Board found that on 24 August 1990, you were
briefed on the Navy’s policy on drug and alcohol abuse. On
21 February 1992, you received nonjudicial punishment (NUP) for
uttering eight worthless checks and wrongfully bringing marijuana
onboard ship. Subsequently, administrative discharge action was
initiated 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
13 March 1992, you received a second NJP for wrongful use of
cocaine. Your case was forwarded recommending that you be.
discharged under other than honorable (OTH) conditions by reason
of wrongful drug abuse. The discharge authority concurred and
directed an OTH discharge by reason of misconduct. On 26 March
1992, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, Desert Shield/Strom service, post service
accomplishments, and belief that you were not offered any drug
rehabilitation. 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 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, With regard to being offered drug rehabilitation, on 13
March 1992, a medical evaluation determined that you were not
drug dependent and not recommended for further 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 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,
“,
4
W. DEAN PFEIF
Executive Dire
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