DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
791 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 1190-13
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on € November 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 caréful 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 and entered a
period of active auty on 3 September 1980. You received
nonjudicial punishment on three occasions for offenses that
included violation of a lawful order and wrongful use of
mMavijuana on board ship on two occasions.
On 6 August 1983 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 15 August 1983 you were separated with a
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. Accordingly, your application is
denied. The names and votes of the members of the panel will be
furnished upon request.
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.
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,
pe eS oo
.
ROBERT D. ZSALMAN
Acting Executive Director
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