DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04291-12
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.
You enlisted in’the Navy and began a period of active duty on
4 May 1983. The Board found that on 10 May 1983, you were
briefed on the Navy’s policy on drug and alcohol abuse. During
the period from 14 August 1985 to 14 March 1986, you received
three nonjudicial punishments (NUP'‘s) for assault, disorderly
conduct, and wrongful use of marijuana. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 2 April 1986, the
- discharge authority concurred and directed an OTH discharge by... -..-
reason of misconduct due to drug use. You were so discharged on
15 April 1986.
The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your record of
service, post service accomplishments, and desire to change your
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your three NJP’s, one of which was for
wrongful drug use, and the fact that you were briefed on the
Navy's policy on drug and alcohol abuse. 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.
Tn 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 oF injustice.
Sincerely,
W. DEAN ‘PRED
Executive car
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