_* DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 -
TAL
Docket No: 3345-13
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 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 reenlisted in the Navy on 27 May 1983 after more than three
years of prior honorable service. You received nonjudicial
punishment (NJP) on two occasions for wrongful use of marijuana.
After your first NJP, you were counseled regarding your |
misconduct and warned that further offenses could result in.
administrative separation. On 18 June 1987, 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 14 July 1987,
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 prior honorable
service. Nevertheless, the Board concluded these factors. were
not sufficient to warrant a change in your characterization
given your misconduct that resulted in two NJPs. Finally, the
Board noted 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
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.
seneenenys
8D, & a2.
ROBERT D. ZSALMAN
_ Acting Executive Director
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