DEPARTMENT OF THE NAVY
BOARD: FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 4768-13
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. -
You enlisted in the Navy and began a period of active duty on 21
April 1987. Although you failed an accession urinalysis by
testing positive for wrongful use of marijuana, you were retained
because you were found to have potential for future service. In
this regard, you were to undergo monthly urinalysis.
You served for about a year without disciplinary incident,
however, during the period from 12 April to 7 October 1988 you
received nonjudicial punishment (NJP) on two occasions for
disrespect and two periods of unauthorized absence (UA) totalling
78 days: You also failed a urinalysis when your sample tested
positive for the wrongful use of cocaine.
As a result, you were notified of administrative separation by
reason of misconduct due to drug abuse and commission of a
serious offense. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 5 December 1988 an. ADB recommended separation under
other than honorable conditions by reason of misconduct due to
drug abuse and commission of a serious offense. Subsequently,
your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 25 February 1989 the
discharge authority approved these recommendations and directed
discharge under other than honorable conditions by reason of
misconduct, and on 21 March 1989 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
character refێrence letters. Nevertheless, the Board concluded
these factors*were not sufficient to warrant relief in your case
because of the seriousness of your misconduct which resulted in
two NUPs and included drug abuse. 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, ©
Se ES a
ROBERT D. an
Acting Executive Director
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