DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Docket No: 2802-13
21 February 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 12 February 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
5. August 1985 at age 19. You received nonjudicial punishment
(NUP): on two occasions for wrongful use of amphetamine and
methamphetamine, and failure to obey a lawful regulation. After |
-your first NUP, you. were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation, . 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 16 and 30 December
1987,. you received NJP for unauthorized absence from your unit
for a period of 29 days and six instances. of failure to go to
“your appointed place ef duty. on 18 February 1988, you received
the OTH discharge’ a 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 and ‘repetitiveness of
your misconduct that resulted in four NUJPs. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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