DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 02468-13
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.
A 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
27 June 1986. The Board found that on 28 June 1986, you were
briefed on the Navy’s policy regarding drug and alcohol abuse. ~
On 18 March 1988, you received nonjudicial punishment (NOP) for
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse, 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 he
discharged under other than honorable (OTH) conditions by reason
of misconduct. Your commanding officer stated, in part, that you
had become an administrative and disciplinary burden. On 29
March 1988, the separation authority concurred and directed an
OTH discharge by reason of misconduct due to drug abuse. You
were so discharged on 13 April 1988.
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 concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP for wrongful
drug use, and the fact that you were briefed on the Navy's policy
of drug and alcohol abuse. Finally, 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,
TSA, Kins
ROBERT D. ZSALMAN
Acting Executive Director
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