DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5405-13
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
10 December 1984, at age 28. On 6 October 1988, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. 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 28 October 1988, 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 overall record
of service. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your characterization
of service given your misconduct that resulted in an NJP. The
Board noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. There is no provision of law or in Navy regulations
that allows for recharacterization of service due solely to the
passage of time. In regard to your inquiry concerning money
contributed to the Montgomery GI Bill, in order to be eligible
for the benefits you must be discharged with an honorable
characterization of service. 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,
shar’ Games
ROBERT D. ZSALMAN
Acting Executive Director
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