ye ‘. DEPARTMENT OF THE NAVY
ia : . BOARD FOR CORRECTION OF NAVAL RECORDS
| Se ein Fa 7015S. COURTHOUSE ROAD, SUITE 1001
Va ARLINGTON, VA 22264-2490
CRS
Docket No: 4403-13
ig Pebruery 2014
-
This is in reference to your applisation 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 5 February 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 that the evidence submitted was
insufficient to establish the existence of prokable material
error or injustice.
The Board found that you enlisted in the Navy on 13 February
1985. You received nonjudicial punishment on two occasions and
were convicted by a summary court-martial of wrongful use of
amphetamines/methamphetamines on two occasion, wrongful use of
marijuana and cocaine, and failure to go to your appointed place
of duty on six occasions.
On 7 March 1988 an administrative discharge board recommended
that you be separated with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. Thereafter, on 11 July 1988 you received
nonjudicial punishment for failure to obey a lawful order.
After review by the discharge authority, the recommendation for
separation was approved and on 8 August 1988 you were separated
with a discharge under other than honorable conditions by reason
of misconduct due to a pattern of misconduct.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board concluded that these
factors were insufficient to warrant upgrade of your discharge,
given the repetitive nature of your misconduct as well as the
seriousness of your drug offenses. 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,
(Pat Sat
ROBERT D. ZSALMAN
Acting Executive Director
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