DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701.S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490 |
SIN
Docket No: 02495-13
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,
RB 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
17 November 1994. The. Board found that on 14 March 1997, you
received nonjudicial punishment (NJP) for wrongful use of
Marijuana and cocaine. You received restriction, extra duty, and
a forfeiture of pay. 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. On 7 May 1997, the separation authority concurred
and directed an OTH discharge by reason of misconduct oll to drug
abuse. You were so discharged on 25 April LOOT
“The Board, in its review of your application, carefully. weighed
all potentially mitigating factors, such as your record. of
service, 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
your NUP for wrongful drug use. The Board noted that you waived
the right to an ADB, your: best chance for retention or a better
characterization of service. 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.
Tt 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, .
ROBERT D, ZSALMAN
Acting Executive Director
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