DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04052-13
14 May 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 7 May 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
14 June 1994, The Board found that on 18 May 1995, you received
nonjudicial punishment (NJP) for disobedience, sodomy, and
indecent acts. On 9 January 1997, you received a second NJP for
wrongful possession of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug possession. You elected to consult counsel and
have your case heard before an administrative discharge board
(ADB). On 14 February 1997, the ADB recommended that you be
separated with an other than honorable (OTH) discharge by reason
of misconduct due to wrongful drug possession. On 27 February
1997, your commanding officer concurred with the ADB’s findings
and forwarded his recommendation that you be discharged. He
stated, in part, that you were given an opportunity to redeem
yourself after your first NUP, but made poor use of a second
chance by bringing marijuana on board a military installation.
On 28 March 1997, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. On 15 April
1997 you were so discharged.
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 the removal of your two NUJP’s for
serious offenses, one of which was for wrongful possession of
marijuana on board a military installation. 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,
Sate Cnn
ROBERT D.“ZSALMAN
Acting Executive Director
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