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Decision Text

NAVY | BCNR | CY2013 | NR2238-13
Original file (NR2238-13.pdf) Auto-classification: Denied
DEPARTMENT 0
BOARD FOR CORRECTION

ARLINGTON, VA

 

This is in reference to your appli
naval record pursuant to the provi
States Code, section 1552.

A three-member panel of the Board
Records, sitting in executive sess
application on 11 February 2014.

F THE NAVY
OF NAVAL RECORDS

701 $, COURTHOUSE ROAD, SUITE 100%

22204-2490

SIN
Docket No: 02238-13
12 February 2014

cation for correction of your
sions of title 10 of the United

for Correction of Naval
ion, considered your
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.

on 26 July 1984, you reenlisted in the Navy after serving over

three years of honorable service.

The Board found that on

29 January 1986, you received nonjudicial punishment (NJP) for

wrongful use of marijuana.
discharge action was initiated by
drug use. You elected to consult

Subsequently, administrative -

reason of misconduct due to
counsel and have your case

heard before an administrative discharge board (ADB). On
‘18 April 1986, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to drug

‘abuse.
separation, you received a second

On 16 June 1986, while you were being processed for

WIP for two periods of

unauthorized absence (UA) totaling four days and disobedience. |
On 8 July 1986, your commanding officer concurred with the ADB's
findings and forwarded his recommendation that you be discharged.
On 27 July 1986, the separation authority concurred and directed
an OTH discharge by reason of misconduct due to drug abuse. On
7 August 1986, you were 50 discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, guch as your prior honorable
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 NJP’s, one of
which was for wrongful drug use. 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,
ROBERT D. ZSALMAN
Acting Executive Director

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