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NAVY | BCNR | CY2013 | NR3311-13
Original file (NR3311-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS -

_ 701. COURTHOUSE ROAD, SUITE 1001
| ARLINGTON, VA 22204-2490

TAL .
Docket No: 3311-13
28 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 26 February 2013. 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 Reserve and began a period of active

duty on 17 March 1989 at age 18. On 22.March 1991; you received
nonjudicial ‘punishment (NJP) for failure to obey a lawful order.
On 9 April.1991 you were the subject of a psychological
evaluation following a suicide attempt. You. stated in part that
after a fight with your girlfriend you were experiencing
insomnia, decreased concentration and lack of interest. You —
‘stated that you hated your job.and wanted out of the Navy. You

/ _ were diagnosed. with an adjustment disorder with depressed mood

and a personality disorder with borderline and antisocial traits
that existed prior to enlistment. You were considered fit but
not. suitable for continued military service and it was
recommended that you be. administratively separated. - On.

24 January 1992, you received NUP for wrongful use of cocaine.
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 13 March 1992, you again received NUP for the wrongful use of

cocaine. On 20 March 1992, 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, the Board concluded

these factors were not sufficient to warrant recharacterization

“of your discharge: given the seriousness and repetitiveness of
- your misconduct. Finally, the Board found that 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 per 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 dD. SALMAN .
Acting Executive Director

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