DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
‘Docket No: 3845-13
19 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,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 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.
You enlisted in the Navy and began a period of active duty on
20 April 1983 at age 20. On 30 July 1986, you received
nonjudicial punishment (NJP) for wrongful use of marijuana.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 24 October
1986, the ADB found that you committed misconduct and
recommended that you be separated with an OTH. The separation
authority agreed with the recommendation of the ADB and directed
your commanding officer to issue you an OTH by reason of
misconduct and on 2 January 1987, you were so discharged.
The Board, in its review of your entire record and 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. 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
_af the panel wat be furnished upen 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,
ee em
ROBERT D. “ZSALMAN
Acting Executive Director
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