DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
TUR
Docket No: 2648-13.
19 February 2014
This is in reference to your application: for correction of your
naval record pursuant to the provisions of Title 10, 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 19 February 2014: The names and votes of the
- members of the panel will be furnished upon request. 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 reenlisted in ‘the Navy on 4 July 1985 after more than three
years of prior satisfactory service... You continued to serve ;
without disciplinary incident until 18 February 1988, when you .
received nonjudicial punishment (NJP) for two periods of -
unauthorized absence (UA) totalling 16 days, disrespect, two
periods of failure to go to your appointed place of duty, four
periods of absence from your appointed place of duty, and
wrongful | use of cocaine.
Subsequently, you were processéd for an administrative separation .
by reason of misconduct due to drug abuse. After waiving your ~
procedural right to consult with legal. counsel and to present
your case to an administrative discharge board (ADB), on 21 March
1988; your commanding officer. recommended discharge under other
.than honorable conditions by. reasori of misconduct due to drug
abuse, The discharge authority approved this recommendation and
directed -your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 7 April 1988,
you were so discharged. ~ :
Nevertheless, the Board concluded these factors were not
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service, desire to upgrade your _
discharge, and assertion that one mistake should not cast a.
shadow over nearly seven years of Honorable service.
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in an NJP and included drug abuse. Further, you were
- given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied. .
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 décision 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.
Sa
5 eel
. ROBERT D. Gg SALMAN
Acting Executive Director
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