DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7370-12
10 May 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 8 May 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 reenlisted in the Navy on 1 June 1982 after more than three
years of prior honorable service. On 28 February 1986, you
received nonjudicial punishment (NJP) for wrongful use of
Marijuana. On 20 July 1987, you received NUP for wrongful use
of cocaine and marijuana. On 10 August 1987, you were notified
that. administrative discharge action was initiated to separate
you by reason of misconduct due to drug abuse. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 13 October 1987, an
ADB unanimously found that you had committed misconduct and
recommended that you be discharged under other than honorable
(OTH) conditions due to drug abuse. On 24 December 1987, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 8 January 1988 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUJPs for continued wrongful drug use.
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,
ly) Dinar
W. DEAN PFEL
Executive Direct
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