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NAVY | BCNR | CY2013 | NR3131-13
Original file (NR3131-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAYAL RECORDS
FOS. COURTHOUSE ROAD, SUITE {001
ARLINGTON, VA 22204-2490

TUR
Docket No: 3131-13
19 February 2014

 

This is in reference to. your application for correction of. your

naval record pursuant to the provisions of Title 10, 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 19 February 2014. .The names and votes of the
members of the panel will be furnished: upon request. ‘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. oe

You: enlisted in the Navy and began a period of active duty on 25
June 1981.. You served for nearly three years without
disciplinary incident, but duririg the period from 24 May 1984 to
25 February 1985,-you received nonjudicial punishment (NJP) on
six occasions. Your offenses’ were’ two periods of absence from
your appointed place of duty, destruction of government property,
conduct prejudicial to good order and discipline, unlawfully
carrying a weapon (knife) , ‘dereliction of duty, and two
Specifications of wrongful use of marijuana.

On 2 April 1985 you were notified of: administrative separation by
reason of misconduct due to drug abuse. After consulting’ with
legal counsel, you elected to present your case to an
administrative: ‘discharge beard (ADB). On 2 May 1985 an ADB .

“recommended separation under hohorable-. conditions by reason of

misconduct due to a pattern of misconduct, frequent involvement.
of a discreditable nature with military authorities, and drug.
abuse. On 5 June 1985 your’ commanding officer, in concurrence
with the ADB, also recommended separation under honorable
conditions by reason of misconduct due to a pattern of misconduct
and drug abuse. The discharge authority approved these

. recommendations for separation and directed a general discharge

under honorable conditions by reason of misconduct, and on 12

. June 1985 you were so separated.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, post’ service conduct, and
desire to upgrade your discharge: Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in

your case because of the seriousness of your repetitive

misconduct which resulted in six NUJPs and included drug abuse.
Accordingly, your application has been denied.

“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,

WR a I, Cae

ROBERT BD. ALMAN
Acting Executive Director

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