DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2712-13
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
i5 May 1984 at age 19. On 12 February 1986, you received
nonjudicial punishment. (NJP) for wrongful use of marijuana.
On 24 July 1986, you were notified that administrative discharge
action was initiated to separate you by reason of misconduct due
to drug abuse. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 11 August. 1986, an ADB unanimously found that you had.
committed misconduct and recommended: that you be retained. On
24 October 1986, your’ commanding officer disagreed with the ADB
and forwarded a recommendation that you be discharged under
other than honorable conditions. On 5 Jan 1987, the Secretary
of the Navy directed that you would be discharged with a general
characterization. On 18 March 1987 you were so discharged.
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 sériousness of your misconduct.
Finally, the Board believed that you were fortunate to receive a
general discharge since a separation under other than honorable
conditions is often directed when a Sailor is separated for
misconduct... 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,
Tene. OE %
ROBERT D. ZSALMAN ;
Acting Executive Director
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