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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