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BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00462-13
23 October 2013
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 22 October 2013. 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:
On 2 November 1981, you reenlisted in the Navy after five years
of honorable service. The Board found that on 19 April 1985, you
received nonjudicial punishment (NUP) for wrongful use of
cocaine. You received restriction, extra duty, a forfeiture of
pay, and a reduction in paygrade. On 29 April 1985, you were
counseled and warned that further misconduct could result in
administrative discharge action. On 12 August 1985, you received
a second NUP for 30 days of unauthorized absence, two instances
of missing ship’s movement, wrongful appropriation of a
transformer, and disobedience. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug use and commission of a serious offense. You elected to
consult counsel and have your case heard before an administrative
discharge board (ADB). On 4 September 1985, the ADB found you
had committed misconduct and recommended that you be separated
from the Navy with an other than honorable (OTH) discharge. On
4 October 1985, your commanding officer concurred with the ADB’s
findings and forwarded his recommendation that you be discharged.
On 17 October 1985, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. You were so
discharged on 18 October 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, desire to upgrade your discharge, and contention that
you had Post Traumatic Stress Disorder (PTSD) at the time of your
misconduct. Nevertheless, the Board concluded these factors and
contention are not sufficient to warrant recharacterization of
your discharge given your two NJP’s, one of which was for
wrongful drug use. Concerning your contention of having PTSD,
there is no evidence in the record to support it, and you
submitted no such evidence. 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,
Executive Di
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