DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Decket No: 3359-13
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 Cede, 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 enlisted in the Navy and began a period of active duty on
12 December 1980 at age 29. You received nonjudicial punishment
(NJP) on two occasions for wrongful possession and 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 19 May 1983, 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 of your misconduct that
resulted in two NJPs and continued drug use. 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 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 injUSEhee.
Sincerely,
ne
ROBERT D. ZSALMAN
Acting Executive Director
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