DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
2 SIN
WASHINGTON BDC 20370-5100 Docket No: 04115-13
1 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 30 April 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 Reserve on 5 March 1985 and were
recalled to active duty on 28 January 1986. The Board found that
during your prior active duty for training, you were briefed on
the Navy's policy regarding drug and alcohol abuse. On 6 October
1987, you received nonjudicial punishment (NJP) for wrongful
distribution of lysergic acid diethylamide (LSD) and marijuana,
wrongful use of marijuana, and two instances of attempting to
distribute LSD. You received restriction, extra duty, a reduction
in paygrade, and a forfeiture of pay. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to wrongful drug use. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 25 October 1987,
the separation authority concurred and directed an OTH discharge
by reason of misconduct due to drug abuse. You were so
discharged on 3 November 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP for wrongful
use and distribution of illegal drugs, and the fact that you were
briefed on the Navy's policy regarding wrongful drug use.
Finally, the Board noted that you waived the right to an ADB,
your best chance 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 reqularity 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 . df a
ROBERT D. ALMAN
Active Executive Director
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