DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7016. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 .
SJN
Docket No: 03028-13
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
21 September 1987. On 22 September 1987, you were briefed on the
Navy's policy regarding drug and alcohol abuse. The Board found
that a drug report of 16 October 1987 stated, in part, that you
tested positive for the wrongful use of Marijuana during an entry
level urinalysis and were placed in a mandatory urinalysis
program. On 18 July 1989, you received nonjudicial punishment
(NUP) for six days of unauthorized absence (UA) and wrongful use
of marijuana. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug abuse. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. Your
commanding officer stated, in part, that wrongful drug use would
not be tolerated and he fully supported the Navy’s zero tolerance
policy. On 29 July 1989, the separation authority concurred and
directed an OTH discharge by reason of misconduct due to drug
abuse. You were so discharged on 22 August 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the fact that you were briefed on the Navy's policy
‘regarding drug and alcohol abuse, placed in a drug surveillance
program, and your NUP for wrongful use of marijuana. Finally,
the Board 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 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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