DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4903-13
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: u : Pye ee Pe OH sot .
' 2
oe
You enlisted in the Navy and began a period of active duty on 8
October 1989. You served without disciplinary incident until 24
June 1993, when you received nonjudidial punishment (NUP) for
wrongful possession and use of ‘marijuana. ‘Shortly thereafter, on
27 June 1993,-you were notified of pending administrative
Separation by reason of mis¢onduct due to drug abuse. ‘After
consulting with. legal counsel,‘ you elected to waived your right
to present your case to ati:administrative discharge board (ADB) -
Subsequently; on 6 July 1993, ‘your commanding officer: recommended
discharge under.other than honotableé conditions ‘by reason of
misconduct due to drug: abusé. This recommendation noted, in
part, that although you had performed admirably in the past, you
deliberately violated one’ of: the cornerstone: tenets of honorable
service by wrongfully using a controlled substance. On 13 July
1993 the discharge authority approved: this’ recommendation and
directed separation under other than honorable conditions by
reason of misconduct, and on 16 July 1993 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, 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, which was in directed violation of the Navy's Zero
Tolerance policy. Further, you were given an opportunity to
defend your actions, but waived your procedural right to present
your case before an ADB. 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,
TO ec AD pee
ROBERT D. ALMAN
Acting Executive Director
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