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NAVY | BCNR | CY2013 | NR1832-13
Original file (NR1832-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 01832-13
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

3 June 1985. The Board found that on 29 January and 28 May 1986,
you received nonjudicial punishment (NUP) for wrongful use of
Marijuana and cocaine. Additionally, you were counseled and
warned after your first NJP, that further misconduct and/or
wrongful drug use could result in administrative discharge
action. 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). Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct due to drug abuse. On 2 July 1986, 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 your two NUP‘’s for
wrongful drug use and the fact that you were warned of the
consequences of further drug involvement. Further, 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 OS SS
. So QR

ROBERT D. ZSALMAN
Acting Executive Director

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