DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02933-13
10 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 8 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
26 dune 1983. The Board found that on 28 June 1989, you were
briefed on the Navy's policy regarding drug and alcohol abuse.
On 20 July 1990 and 6 May 1991, you received nonjudicial
- punishment (NJP) for sleeping on watch, underage drinking and
wrongful use of marijuana and cocaine. Additionally, you were
counseled and warned that further misconduct could result in
administrative discharge action. During the period from 24 May
1991 and 10 February 1992, you received four additional NJP’s for
two periods of unauthorized absence, breaking restriction,
wrongful use of marijuana, and defrauding another Sailor.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You elected
to consult counsel and have your case heard before an
‘administrative discharge board (ADB). On 10 March 1992, the ADB
found that you had committed misconduct and recommended
separation with an other than honorable (OTH) discharge by reason
of misconduct. On 18 March 1992, you received a seventh NJP for
failing to go to your appointed place of duty and breaking
restriction. On 1 April 1992, your commanding officer concurred
with the ADB’s findings and forwarded his recommendation that you
receive an OTH discharge. On 29 April 1992, the separation
authority directed an OTH discharge by reason of misconduct due
to a pattern of misconduct. You were so discharged on 28 May
1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and desire to upgrade your discharge. Nevertheless, the
' Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your seven NJP’s, two
of which were for wrongful drug use, the fact that you were
briefed on the Navy’s policy regarding drug and alcohol abuse,
and warned of the consequences of further misconduct after your
second NUP. 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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