DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 19901
ARLINGTON, VA 22204-2480
SIN
Docket. No: 02489-13
12 March 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 March 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
22 December 1980. The Board found that on 11 August 1981 and
9 February 1982, you received nonjudicial punishment .(NJP) for
-assault, wrongful use of marijuana, altering a public record, and
conspiracy. On 8 April 1982, you were counseled regarding your
continued use of illegal drugs and warned that further use could
result in administrative discharge action. On 29 July 1982 and 4
March 1983, you received NUP for a breach of the peace and
assault. On 15 March 1983, you were once again counseled about
your deficiencies and warned that further misconduct could result
in administrative discharge action. On 13 April 1983, you tested
positive for wrongful use of drugs and were placed in a
urinalysis surveillance program. On 28 April 1983, you receive
a fifth NUP for wrongful use of morphine. You received a
forfeiture of pay, restriction, extra duty, and a reduction in
paygrade. |
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel and to 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 you had not shown any improvement
after numerous counseling sessions concerning your drug abuse
warning issued on 8 April 1992, and that due to your obvious
contempt for Navy regulations and policy regarding wrongful drug
use, he recommended that you be discharged. On 20 May 1983, the
discharge authority concurred with your command’s recommendation,
and directed an OTH honorable discharge by reason of misconduct
due to drug abuse. You were so discharged on 23 May 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NJP’s, two
of which were for wrongful drug use, and failure to adhere to
your command’s drug rehabilitation program. 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,
' Smee
ROBERT D. ZSALMAN
Acting Executive Director
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