DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04313-12
20 March 2013
This igs 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 19 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
24 July 1986. The Board found that on 25 July 1986, you were
briefed on the Navy’s policy on drug and alcohol abuse. On
29 May and 16 September 1987, you received nonjudicial punishment
(NUP) for two days of unauthorized absence, disobedience, and
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug use. You elected to consult counsel and have your case
heard before an administrative discharge board (ADB). On
19 October 1987, the ADB recommended separation with an other
than honorable (OTH) discharge by reason of misconduct due to
drug abuse. On 2 November 1987, your commanding officer
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 21 November 1987, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 23 January 1988 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and desire to change you
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUJUP’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. 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 officiai 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,
\ Men F
Executive Dige
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