DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No; 01839-13
29 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 28 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
19 September 1990. The Board found that on 24 September 1990,
you were briefed on the Navy's policy regarding drug and alcohol
abuse. On 10 January 1991, you received nonjudicial punishment
(NFP) for wrongful use of marijuana. You received a forfeiture
of pay and restriction. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug abuse.
You consulted with counsel and subsequently elected to have your
case heard by an administrative discharge board (ADB). On 8
February 1991, medical personnel found that you were not
Gependent on alcohol or drugs. On 21 February 1991, the ADB
found that you had committed misconduct due to wrongful drug use
and recommended that you be separated with an other than
honorable {OTH) discharge. On 14 March 1991, your commanding
officer concurred with the ADB’s finding and forwarded his
recommendation that you be discharged with an OTH discharge. On
29 March 1991, the separation authority directed an OTH by reason
of misconduct due to drug abuse. On 11 April 1991 you were so
discharged.
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 discharge given the fact that you were
briefed on the Navy’s policy regarding drug and alcohol abuse,
and warned of the consequences of further misconduct and
subsequent NJP for wrongful use of marijuana. 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 entitied 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,
ROBERT D. “ZSALMAN
Acting Executive Director
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