_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR /
Docket No: 3565-13
21 March 2014 —
. -—
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552. * oo ea .
‘A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 March 2014... The names and votes of the.
members of the panel will be furnished upon request... 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. . "eal Bo
You enlisted in the Navy and began a period of active duty on 25
April 1985. You served for two years and six months without
disciplinary incident, but’on 19 October and again on 4 December .
1987, you received nonjudicial -punishment (NIP) for three periods
of absence from. your appointed place of duty.
“On 19 May 1988. you recéived your-third NUP. for a three day period |
_Of unauthorized absence (UA) and absence: from your appointed. -
place of. duty. Shortly thereafter, on’14 July 1988, you were.
convicted by special court-martial. (SPCM) o£ a one day period of
/UA, absence from your appointed place of duty, and two
specifications of wrongful use’ of cocaine. You were sentenced to.
confinement for four months and a punitive letter of reprimand.
Subsequently, you were’ administratively processed for separation
by reason of misconduct due to drug abusé and a pattern of .
misconduct. After consulting with legal counsel you elected to
present your case to an administrative discharge. board (ABD) . On
29 November 1988 an ADB recommended separation under other than. ~
honorable conditions by reason of misconduct due te drug abuse —
and a pattern of misconduct. On 20 December 1988 your commanding
officer concurred with the ADB and recommended separation under
other than honorable conditions by reason of misconduct due to
‘drug abuse. On 25 January 1989 the discharge authority approved
these recommendations and on 22 February 1989 you were so
discharged.
The Board, in its review of your record and application, .
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Bodrd concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repetitive misconduct which resulted-in three
NJPs, an SPCM, and incliided drug abuse. Accordingly, your
application has been denied.
‘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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