DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5658-13
23 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 21 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
5 September 1985 at age 18. You received nonjudicial punishment
on 14 March 1986, for two instances of unauthorized absence (UA)
from your unit for a period totaling seven days, wrongful use of
marijuana and cocaine and making a threat. on 16 April 1986,
you were convicted by summary court-martial (SCM) of failure to
go to your appointed place of duty, using disrespectful language
toward a noncommissioned officer and assault. 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 21 May 1986, 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
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP and an SCM. The Board noted 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,
ee SD TI
ROBERT D. ZSALMAN
Acting Executive Director
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