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NAVY | BCNR | CY2013 | NR4070-13
Original file (NR4070-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TAL
Docket No: 4070-13

— 5 ee Sm eB es a 21 March 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 19 March 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 reenlisted in the Navy on 13. November 1986 after more than
two years of prior honorable service. On 10 March 1987, you

received nonjudicial punishment (NUP) for unauthorized absence
‘from your unit for a period of two days and failure to obey a

lawful regulation. On 28 June 1988, you received NJP for making
a false official statement and wrongful use of marijuana. You
were notified of pending administrative discharge processing
with an-other than honorable (OTH) discharge due to misconduct

“(drug abuse). You waived all:of your procedural rights,

including your right to an administrative discharge board (ADB) .
On 29 July 1988, you received the OTH discharge for misconduct
(drug abuse) . :
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, 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, the Board found that you waived the

right to an ADB, your. best opportunity 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,
TRA QS |

ROBERT D. ZSALMAN
Acting Executive Director

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