DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1s. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
SION
Docket No: 02449-13
26 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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
12 December 1983. The Board found that on 13 December 1583, you
were briefed on the Navy's policy regarding drug and alcohol
abuse. On 4 April 1984, you received nonjudicial punishment
-(NJP) for wrongful use of marijuana. You received a forfeiture
of pay and extra duty. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action, and placed on your command's urinalysis
surveillance program. On 16 April 1984, you tested positive for
the wrongful use of amphetamine/methamphetamine. On 6 June and 5
July 1984, you received NUP for three periods of unauthorized
absence. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB). On
18 July 1984, your commanding officer forwarded your case
recommending you receive an other than honorable (OTH) discharge.
He stated, in part, that your attitude was poor and continued to
get worse regardless of the amount of counseling you were given,
and that your prognosis for discontinued substance abuse as well
as your potential for further productive service was poor. on
30 July 1984, the separation authority directed that you be
discharged under OTH conditions by reason of misconduct. You
were so Gischarged on 9 August 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
‘service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your NJP for wrongful drug use,
testing positive for amphetamine/methamphetamines while in a
urinalysis surveillance program, and the fact that your were
briefed on the Navy’s policy regarding drug and alcohol abuse.
The Board also noted that you waived 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, —
TR BEY ar
ROBERT D. ZSALMAN
Acting Executive Director
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