DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2689-13
31 January 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 29 January 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
28 April 1988 at age 18. ‘On 15 December 1988, you received
nonjudicial punishment (NJP) for failure to obey a lawful .
regulation (underage drinking). You were counseled regarding
_ your misconduct and warned that further offenses could result in
“administrative separation. On 9 March 1990 you completed Level
II Alcohol Rehabilitation treatment and were placed on an
aftercare program. On 7 November 1991, you received NJP for two
instances of failure to go to your appointed place of duty, and
wrongful use of cocaine. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You elected to
waive. all of your procedural rights, including your right to an
administrative discharge board (ADB). On 3 January 1992, you
received the OTH discharge for misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and ,
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NJPs. The Board noted you waived the right to
an ADB, your best opportunity 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,
TTR pe BED, (
ROBERT D. ZSALMAN
Acting Executive Director
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