_ DEPARTMENT OF THE NAVY.__
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01427-13
15 January 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 14 January 2014. 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
22 December 1988. The Board found that on 26 December 1988, you
were briefed on the Navy’s policy regarding drug and alcohol
abuse. On 30 November 1989, you received nonjudicial punishment
(NIP) for @isobedience, 10 days of unauthorized absence, and
wrongful use of amphetamine/methamphetamine and cocaine. You
received a reduction in paygrade, a forfeiture of pay, extra
duty, and restriction. Additionally, you were counseled and
warned that further misconduct could result in administrative
Gischarge action. On 7 May 1990, you received a second NJP for
wrongful use of marijuana. You received a forfeiture of pay,
restriction, and extra duty. On 26 June 1990, medical staff
diagnosed you as being a drug abuser, and reported that you were
not drug dependent. Subsequently, administrative discharge
action was initiated by reason of misconduct due to wrongful drug
use. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 27 September 1990, you signed an Administrative
Remarks (NAVPERS 1070/613) form declining in-patient treatment at
a Department of Veterans Affairs (DVA) hospital near you home
before being discharged. On 2 October 1990, your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. On 9 October
1990, the separation authority concurred and directed an OTH
discharge by reason of misconduct due to drug abuse. You were so
discharged on 17 October 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your @Qischarge given your two NJP‘s for
wrongful drug use, and the fact that you were briefed on the
Navy's policy regarding drug and alcohol abuse. Finally, the
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service.
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,
Te SD ' ree Si
ROBERT D. —
Acting Executive Director
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