DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4099-13
28 March 2014
it.
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 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 15 June 1985, after more than six.
years of prior honorable service. You received nonjudicial
punishment (NJP) on two occasions for wrongful use of marijuana
and cocaine. After your first NIP, you were counseled regarding
your misconduct and warned that further offenses could result in
administrative separation. You were notified of pending.
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You elected to
consult with legal counsel and subsequently requested an
administrative discharge. board (ADB). On 6 January 1989, you
received NUJP for wrongful use of cocaine. On 1 February 1989,
an ADB found that you had committed misconduct and recommended
‘that you be discharged under OTH conditions due to drug abuse.
On 15 March 1989, you received the OTH discharge for misconduct
due to drug abuse.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct that
resulted in three NUP and continued drug abuse. 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. “a = em
a
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,
e VRS
ROBERT D.“™“SALMAN
Acting Executive Director
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