DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02415-13
12 February 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 11 February 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 February 1988. The Board found that on 5 February 1988, you
were briefed on the Navy’s policy regarding drug and alcohol —
abuse. On 7 February 1990, you received nonjudicial punishment
(NJP) for unauthorized absence. On 6 November 1992, you received
a second NUP for wrongful use of marijuana. You received a
reduction in paygrade, a forfeiture of pay, restriction and extra
duty. 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.
Your commanding officer stated, in part, that that all personnel
were warned during indoctrination of the command's strict
adherence to the Navy's policy of Zero Tolerance, were reminded
through the Plan of the Day and quarters formation, and that you
were well aware of the these facts when you committed your drug
offense. On 30 November 1992, the separation authority concurred
and directed an OTH discharge by reason of misconduct due to
wrongful drug use. You were so discharged on 10 December 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Desert
Storm/Shield 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, and the
‘fact that you were briefed on the Navy's policy regarding drug
and alcohol abuse, and by your chain of command. 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,
RS Fe
ROBERT D. 4SALMAN
Acting Executive Director
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