DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5505-13
10 July 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 8 July 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
3 November 1981. The Board found that on 23 November 1981, you
signed an entry acknowledging the negative influence of drug
involvement and disavowing any further drug abuse. You were
granted a waiver of preservice drug abuse. During the period
from 17 March 1983 to 6 June 1984, you received four nonjudicial
punishments (NJP‘’s) for wrongful possession of hashish, two
periods of unauthorized absence, making a false official
statement, failure to go to your appointed place of duty, and
disobedience. Additionally, you were counseled and warned
regarding you lack of good judgment. Subsequently, you were
notified of pending administrative separation action by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. After being advised of your
procedural rights, you waived the right to an administrative
discharge board (ADB). The separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 9 July 1984.
“Phe “Board, iti its review of your application, carefully weighed”
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your pre-service drug waiver, four
NJP's, one of which was for the wrongful possession of hashish,
and the fact that you were warned of the consequences of further
-misconduct after your third NIP. The Board also noted that you
waived your right to an ADB, your best chance for retention or a
better 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,
pe ED (a
ROBERT D. ZSALMAN
Acting Executive Director
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