DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 04345-12
21 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 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
25 April 1989. The Board found that on 26 April 1989, you were
briefed on the Navy’s policy on drug and alcohol abuse. On
28 February 1990, you received nonjudicial punishment (NUP) for
two instances of being absent from your appointed place of duty.
You were counseled and warned that further misconduct could
resuit in administrative discharge action. During the period
from 4 May 1990 to 4 March 1993, you received four NJP‘s for
being absent from your appointed place of duty, four periods of
unauthorized absence (UA) totaling 31 days, wrongful use of
amphetamines/methamphetamines, and three instances of missing
ship’s movement. Subsequently, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 18 March 1993, you received a sixth NJP for
wrongful use of marijuana. On 20 March 1993, your case was
He oe forwarded recommending that you be discharged. under.other. than ....
honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. You were so
discharged on 25 March 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your six NJP’s, one of which was for wrongful drug use, and
the fact that you were warned of the consequences of further
misconduct after your first NJP. The Board also 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.
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,
LoSon&
W. DEAN PFREF
Executive Dire@®tor
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