DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 5614-13
6 June 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 3 June 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. oo, er
You enlisted in’ the Navy and began a period of active duty on 28
February 1990. You served for about a year and two months
without disciplinary incident, but on 11 April and again on 29
duly 1991, you recéived nonjudicial punishment (NJP) for absence
from'your appointed place of duty and wrongful use of marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After consulting with
legal counsel, you waived your ‘procedural right: to present your
case to an administrative: discharge: Board (ADB). On 27 August
1991, your commanding officer recommended discharge under other
than honorabie conditions by: reason of misconduct due to drug
abuse. On 3 September 1991, the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on 23 September
1991, you were so discharged. ~ ~~ - -
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your Desert Shield service, desire to upgrade your discharge, and
assertion that even though you were discharged for drug abuse,
you were not afforded counselling or treatment. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in two NJPs. Further, you were
given an opportunity to defend your actions, but waived your
procedural right to present ‘your case to an ADB. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion. 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,
pt QD. Ao
ROBERT D. ALMAN
Acting Executive Director
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