DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03612-13
24 April 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 22 April 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
7 August 1990, The Board found that on 8 August 1990, you were
briefed on the Navy’s policy regarding drug and alcohol abuse.
On 31 July 1992, you were convicted by civil authorities of
driving under the influence of alcohol. You were sentenced toa
fine and had your driver's license suspended for a period of six
months. On 28 October 1992, you received nonjudicial punishment
(NIP) for resisting apprehension and assault. On 8 December
1992, you were once again briefed on the Navy’s policy regarding
drug and alcohol abuse. On 12 April 1993, you received NUP for
eight days of unauthorized absence (UA). On 23 Aprii and
17 May 1993, you were counseled and warned that further
misconduct could result in administrative discharge action. On
17 July 1993, you checked yourself into the hospital after an
apparent overdose of crack cocaine. On 22 July 1993, you
received a third NJP for UA and wrongful use of cocaine.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug use. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board {ADB). Your casé was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 30 July 1993, the
separation authority concurred and directed an OTH discharge by
reason of misconduct due to drug abuse. You were so discharged
on 13 August 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your civil conviction and three NJP’s, one of which was for
wrongful drug use, and the fact that you were briefed on the
Navy's policy regarding drug and alcohol abuse. Finally, the
Board noted that you waived the right to an ADB, your best chance
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.
Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
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