DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 6715-13
6 August 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 5 August 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
6 January 1986. The Board found that you received three
nonjudicial punishments (NUJP’s) for wrongful use of provoking
speech and gestures, unauthorized absence, and wrongful use of
marijuana. Additionally, you were counseled and warned after
your second NUP, that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use. You elected. to consult counsel and have your
case heard before an administrative discharge board (ADB).
On 30 August 1989 the ADB recommended separation with an other
than honorable {OTH) discharge by reason of misconduct due to
wrongful drug use. On 17 September 1989, your commanding officer
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 6 October 1989, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 13 October 1989 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade you discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, one
of which was for wrongful drug use. 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,
TTL ED, en
ROBERT D. ZSALMAN
Acting Executive Director
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