DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03634-13
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
20 July 1989. The Board found that on 21 duly 1989, you were
briefed on the Navy's policy regarding drug and alcohol abuse.
On 27 December 1989, you received nonjudicial punishment (NJP)
for underage drinking. On 7 September 1990, you were convicted
by civil authorities of breaking and entering a high school. You
were sentenced to 12 months in jail, which was suspended for
three years. On 20 October 1990, you were counseled and warned
that further misconduct could result in administrative discharge
action. On 18 March 1991, you received a second NJP for wrongful
use of lysergic acid diethylamide (LSD). You received a
forfeiture of pay, restriction, extra duty, and a reduction in
paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug abuse. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
30 March 1991, a medical evaluation found that you were not drug
dependent, but psychologically dependent on alcohol. Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. Your
commanding officer stated, in part, that your decision to use
illegal drugs could not be tolerated, and that you were well
aware of the Navy's policy regarding the wrongful use of drugs.
On 25 April 1991, the separation authority concurred and directed
an OTH discharge by reason of misconduct due to wrongful drug
use. You were so discharged on 28 April 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and post service medical issues. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the fact that you were
briefed on the Navy's policy regarding drug and alcohol abuse,
the consequences of further misconduct, your two NJP’s, one of
which was for wrongful use of LSD, and civil conviction of a
serious offense. 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,
i encinn. onan
ROBERT D. ZSALMAN
Acting Executive Director
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