DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL. =
Docket No: 3355-13.
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 courecticn 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
tnylstied.
You reenlisted in the Navy on 5 March 1982 after more than three
years of prior honorable service. . You, received nonjudicial
punishment (NJP) on two occasions for wrongful use of marijuana.
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 8 July 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 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 NUPs. The Board
noted 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.
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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