DEPARTMENT OF THE NAVY
- BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
_ Docket No: 4754-13
°29 April 2014
This is in reference to your application. for correction of your
naval record pursuant to the provisions of Title 10, 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 15 April 2014. The names and votes of the
members of the panel will be furnished upon request. 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. Ss : .
You enlisted in the Navy and began a period of active duty on 6
February 1985.. You served for about eight months without
disciplinary incident, but on 12 November 1985 you received
nonjudicial punishment {NJP) for wrongful‘ use of marijuana.
Shortly thereafter, you were notified of pending administrative
separation by reason of misconduct due to drug: abuse at which
time you waived your procedural irights to consult with legal
counsel and to present your case to an administrative discharge
board. , : ’ . =
Subsequently, your commanding officer recommended discharge under
other than honorable conditions by reason of: misconduct due to
drug abuse. On 11 January 1986 the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason-of misconduct,: and on 17 January
1986 you were so discharged. 3
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your drug related misconduct. Further, you were
given an opportunity to defend your actions, but waived your
procedural rights. Finally, no discharge is automatically
upgraded due solely to the passage of time or an individual’s
good post service conduct. Accordingly, your application has
been denied. .
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,
Te Raa .
ROBERT D.~ZSALMAN
Acting Executive Director
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