DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Tuk
Docket No: 21-13
11930-12
24 October 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 10 September 2013. The names and votes of the
members of the panel will be furnished upon request. 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
August 1984. You served for about seven months without
disciplinary incident, but during the period the period from 9
April 1985 to 23 March 1986 you received nonjudicial punishment
(NJP) on three occasions for three specifications of disrespect,
driving under the influence, failure to obey a lawful order, and
wrongful use of cocaine.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), on 2 April
1986 your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and drug abuse. On 24 April 1986 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 30
April 1986 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge so that you may obtain
veterans’ benefits for a back injury and assertion that your
discharge was to be automatically upgraded six months after your
separation. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NJPs and include drug abuse. Further, you were given an
opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. Finally, no discharge is
automatically upgraded due solely to the passage of time or an
individual's good post service conduct. Accordingly, your
application has been denied.
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,
Executive Di
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