DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04887-12
27 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 26 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
8 April 1992. The Board found that on 4 May 1992, you were
briefed on the Navy’s policy of drug and alcohol abuse. On
6 February 1993, you received nonjudicial punishment (NUP) for
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. 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. Your commanding officer stated, in part, that
your misconduct could not be tolerated and was detrimental to
good order and discipline of the command. On 19 February 1993,
the discharge authority concurred and directed an OTH discharge
by reason of misconduct due to drug abuse. You were so
discharged on 3 March 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, character letters 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 NJP for drug use, and the fact that
you briefed on Navy policy of 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.
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,
“Vee as ; oes,
ROBERT D.- 4SALMAN
Acting Executive Director
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