DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 648-13
16 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 17 October 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 enlisted in the Navy on 1 July 1982.
On 17 February 1984 you received nonjudtelal punishment for
wEongcun use (of cocaine.
On 5 March 1984 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 20 March 1984 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, overall
record of service, and the unsubstantiated contention that you
were innocent of using cocaine. The Board concluded that these
factors were insufficient to warrant upgrade of your discharge,
given your use of illegal drugs. 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
haval record, the burden is on the applicant: to demonstrate the
existence of probable material error or injustice.
Sincerely,
~ RGN radi
ROBERT D.
Acting Executive Director
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