DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3306-13
26 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
8 February 1983 at age 18. You received nonjudicial punishment
(NJP} on three occasions for unauthorized: absence (UA) from your
unit, dereliction in performance of duties, and wrongful use of
- cocaine and marijuana. After your first NJP, 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
waived all of your procedural rights, including your right to an~
administrative discharge board (ADB). On 30 October ‘1985, you
received the OTH discharge for 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, ‘Eh Board concluded -
a
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
The Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. - Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your. application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
rt 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,
nace (SC
ROBERT D. ZSALMAN
Acting Executive Director
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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. The Board, in. overall record of service.
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