DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4096-13 _
28 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 26 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 ail 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.
13 December 1985 at age 18. On 9 December 1985 you signed an -
Alcohol and Drug Abuse Screening Certificate, admitting to pre-
service wrongful marijuana use and agreed not to use drugs in
the service. On 29 April 1988, you received nonjudicial
punishment (NUP) for wrongful use of marijuana. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). After consulting with legal counsel, you elected to.
waive all of your procedural rights, including. your right. to an
administrative discharge board (ADB). On 17 June 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 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.
The Board noted you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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 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. 4SALMAN
Acting Executive Director
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