DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i601
ARLINGTON, VA 22204-2490
SoN—-
Docket No: 6711-13
30 July 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 210 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 29 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 March 1981. The Board found that on 31 July 1986, you received
nonjudicial punishment {NJP) for unauthorized absence (UA). On
14 August 1986, you were counseled regarding your substandard
personal behavior, disregard for authority, poor work attitude,
tardiness, and substandard appearance. On 24 October 1988, you
received NJP for two instances of wrongful use of cocaine. You
received restriction, extra duty, a forfeiture of pay, anda
reduction in paygrade. Subsequently, administrative discharge
action was initiated by reason of misconduct due to wrongful drug
use. You waived your rights to consult counsel, submit a
Statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 29 January 1989, the separation authority
concurred and directed an OTH discharge by reason of misconduct
due to drug abuse. You were so discharged on 8 April 1989.
The Board, in 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 concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUJP‘s, one of
which was for wrongful drug use. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
ia 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,
TT pe eD
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR1471 13
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use. 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.
NAVY | BCNR | CY2010 | 05128-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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. On 23 March 1989, your Case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable...
NAVY | BCNR | CY2013 | NR6715 13
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. 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.
NAVY | BCNR | CY2013 | NR2238-13
A three-member panel of the Board Records, sitting in executive sess application on 11 February 2014. 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. 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.
NAVY | BCNR | CY2013 | NR1832-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR6689 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR2933-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2014. 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. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2013 | NR3634 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the fact that you...
NAVY | BCNR | CY2013 | NR6759 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. On 6 May 1988 you were so discharged. 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.
NAVY | BCNR | CY2009 | 03811-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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. On 2 November 1989, the separation authority directed an OTH discharge by reason of misconduct due to drug abuse.