DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
‘SUN
Docket No: 02474-13
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
30 August 1982. The Board found that you were briefed on the
Navy's policy regarding drug and alcohol abuse. On 9 July 1984,
you received nonjudicial punishment (NIP) for wrongful use of
marijuana. You. received restriction, extra duty, @ forfeiture of
pay, and reduction in paygrade. additionally, you were counseled
and warned that further drug use or misconduct could result in
administrative discharge action. On 27 July 1984, you tested
positive for wrongful marijuana use as evidenced by a drug
rehabilitation aftercare urinalysis. On 21 August 1984, you were
placed in a Level I drug rehabilitation program after being
evaluated as an abuser. On 6 September 1984, you had a third
drug incident as evidenced by another drug rehabilitation
aftercare program positive urinalysis. On 31 October 1984, you
tested positive for wrongful use of marijuana. On. 9 November
1984, you were evaluated and found to be dependent on marijuana.
On 21 December 1984, you once again tested positive for wrongful
marijuana use. Subsequently, on 6 February 1985, administrative
-discharge action was initiated by reason of misconduct due to
@rug abuse. You elected to consult counsel and have your case
heard before an administrative discharge board (ADB). On 19
March 1985, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to wrongful
drug use. On 6 April 1985, your commanding officer concurred
with the ADB's findings and forwarded his recommendation that you
receive an OTH discharge.
On 19 April 1985, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. You were s0
discharged on 30 April 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, character letter; desire
to upgrade your discharge, and belief that your characterization
of service would automatically change after six months. ~
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
the fact that you were briefed on the Navy’s policy regarding
drug and alcohol abuse, NJP for wrongful drug use, and failure to
adhere to your command's drug rehabilitation program. Finally,
you are advised that there is no provision of law or in Navy
regulations that allows for recharacterization of a discharge
automatically after six months or due solely to the passage of
time. 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,
Re, a2, _.
ROBERT D.“ZSALMAN
Acting Executive Director
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