DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 06760-12
18 October 2012
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 16 October 2012. 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
15 May 1987. The Board found that you were briefed on the Navy’s
policy on drug and alcohol abuse. On 18 October 1989, you
received nonjudicial punishment (NUP) for wrongful use of cocaine
and unauthorized absence. You received restriction, a forfeiture
of pay and a reduction in paygrade. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action. On 25 January 1990, you
completed a drug and alcohol rehabilitation program and were
directed to participate in a one year aftercare program. You
completed Level II treatment on 25 January 1990. On 21 March
1991, you were evaluated as a drug/alcohol abuser. At that time
it was determined that you possessed potential for further
service. The record shows that on 14 May 1991, your initial
enlistment was extended for an unknown period of time. On 12 May
1992, you received a second NJP for wrongful use of marijuana.
You received restriction, extra duty, a forfeiture of pay, anda
reduction in paygrade. Subsequently, administrative discharge
action was initiated by reason of misconduct due to wrongful drug
use. You elected to consult counsel and have your case heard
before an administrative discharge board (ADB). On 2 December
1992, the ADB unanimously recommended separation with an other
than honorable (OTH) discharge by reason of misconduct due to
drug abuse. Your commanding officer concurred with the ADB’S
findings and forwarded his recommendation that you be discharged.
The separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 5 February 1993 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, character letters, and
desire to have the time prior to your extension characterized as
honorable. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJP’s for wrongful drug use, and the fact that you
were briefed on the Navy’s policy on drug and alcohol abuse. The
Board noted that the record clearly shows you did not reenlist,
but extended your enlistment for an unknown period of time. In
this regard, you served only one period of active service, as
correctly reflected on your Certificate of Release or Discharge
from Active Duty (DD Form 214). 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,
Oe ey “ees
ROBERT DY”ZSALMAN
Acting Executive Director
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