DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Decket No: 461-13
15 April 2014
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 18 September 2013. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures 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 enlisted in the Navy on 1 December
13997. You received nonjudicial punishment and were convicted by
a summary court-martial of two periods of unauthorized absence
totaling 28 days and wrongful use of marijuana.
It appears that your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to drug abuse. After review by the
discharge authority, the recommendation for separation was
approved and on 17 March 2000 you were separated with a
discharge under other than honorable conditions by reason of
misconduct due to drug abuse.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board concluded that these
factors are insufficient to warrant a change in the
characterization of service, given your use of illegal drugs and
other misconduct. Accordingly, your application is denied. The
names and votes of the members of the Board panel will be
provided 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,
Bye >, nena
ROBERT D. ZSALMAN
Acting Executive Director
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