DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJIN ,
Docket No: 01471-13
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 conscienticus 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
8 September 1986. The Board found that on 28 December 1986, you
were counseled regarding the Navy’s zero tolerance for drug
abuse. On 11 February 1988, you were convicted by summary court-
martial (SCM} of two specifications of unauthorized absence (UA)
totaling 12 days and missing ship's movement. During the period
from 25 August 1988 to 13 July 1989, you received three
nonjudicial punishments (NJP's) for three instances of leaving
your appointed place of duty, six periods of DA totaling 23 days,
wrongful use of marijuana, three instances of failing to go to
your appointed place of duty, and disobedience. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 21 August 1989, the
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to drug abuse. You were So discharged
on 30 August 1989.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SCM conviction, three NJP’s, one of which was for
wrongful drug use, and the fact that you were briefed on the
Navy's zero tolerance policy regarding wrongful drug use.
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,
ee LD, Nett pene
ROBERT D, 4SALMAN
Acting Executive Director
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