DEPARTMENT OF THE NAVY |
SOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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TUR
Docket No: 503-13
24 October 2013
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 16 October 2013. 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 reenlisted in the Navy on 26 August 1988 after about nine
years of prior satisfactory service. You continued to serve
without disciplinary incident until 1 October 1996, when you
received nonjudicial punishment (NUP) for wrongful use of
controlled substances. Subsequently, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). As
a result, an ADB recommended separation under other than
honorable conditions by reason of misconduct due to drug abuse,
and your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. The discharge authority
approved these recommendations and directed ‘separation under
other than honorable conditions by reason of misconduct, and on 8
July 1997 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior 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.
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,
Lo Sea
W. DEAN PF
Executive ¢ or
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