DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 4679-12
1 April 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 7 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 6 March 1985
after more than two years of prior honorable service. You
received nonjudicial punishment on three occasions for offenses
that included two periods of unauthorized absence, failure to
Obey a lawful order, wrongful use of
amphetamines/methamphetamines, and failure to go to your
appointed place of duty. You also tested positive through
urinalyses on two additional occasions for wrongful use of
amphetamines/methamphetamines for which no disciplinary action
was taken. You were then notified that you were being
administratively separated with an other than honorable
characterization of service due to drug abuse. You waived your
procedural right to an administrative discharge board (ADB). On
9 October 1991 you were discharged by reason of misconduct due to
drug abuse with a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and prior
honorable service. The Board concluded that these factors were
insufficient to warrant upgrade of your discharge, given your use
of illegal drugs. Finally, the Board noted that you waived your
right to an ADB, your best opportunity for retention and 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,
0 pe RE, el tars
ROBERT D. ZSALMAN
Acting Executive Director
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