DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
SIN
Docket No: 02685-13
2 April 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 1 April 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
7 February 1985. The Board found that during the period from
30 May 1986 to 31 March 1988, you received three nonjudicial
punishments (NUP’s) for being absent from your appointed place of
duty, disobedience, two instances of wrongful use of marijuana,
and possession of a dangerous weapon. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 4 April
1988, your case was forwarded recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
Misconduct. You were so discharged on 21 April 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your three NJP‘s, two of which were for wrongful drug use. The
Board also 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 actioncannot be taken. You are entitled to have the
sBoard 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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