DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4782-13
30 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 23 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 31
August 1981. You served without disciplinary incident until 19
January 1984, when you received nonjudicial punishment (NJP) for
absence from your appointed place of duty and missing the
movement of your ship. Shortly thereafter, on 17 May 1984, you
were convicted by civil authorities of reckless driving and hit
and run.
On 16 May 1986 and again on 20 August 1987 you received NUP for
wrongful use of marijuana and cocaine. Subsequently, you were
processed for an administrative separation by reason of
misconduct due to drug abuse. After consulting with legal
counsel, you waived your procedural right to present your case to
an administrative discharge board. On 13 November 1987 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 17 November 1987 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 23 November 1987 you
were so discharged.
preg
, ..favorable-action cannot be taken. You are entitled to have the
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 recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NJPs and included drug abuse. Accordingly,
your application has been denied.
It is regretked that the circumstances of your case are such that
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,
i seenannlt, caitnnen
ROBERT D. ZSALMAN
Acting Executive Director
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