DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5387-13
21 May 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 14 May 2014. 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
23 November 1987 at age 19. You received nonjudicial punishment
{NJP) on two occasions for wrongful use of marijuana and failure
to go to your appointed place of duty. On 14 March 1989, you
were convicted by summary court-martial (SCM) of failure to go
to your appointed place of duty, failure to obey a lawful order
given by a commissioned officer, escaping from custody and
breaking restriction. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 5 May 1989, you
received the OTH discharge for misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and over
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your
characterization given your misconduct that resulted in two NJPs
and an SCM. The Board noted that you waived the right to an
ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
_service due solely to the passage of time. Accordingly, your
application has been denied. The names and votes of the members
of the panel will. be furnished upon request.
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,
ROBERT D. ZSALMAN
Acting Executive Director
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