DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 6730-13
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
recoré, 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
27 January 1981. The Board found that on 17 May 1982, you were
counseled regarding your misconduct and warned that further
misconduct could result in administrative discharge action. On
"27 May 1982 and 25 February 1983, you received nonjudicial
punishment (NJP} for disrespect, wrongful use of marijuana, and
larceny. On 2 April 1984, you completed treatment for alcoholism
and drug abuse. On 13 June 1984, you received a third NUP £Or
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. 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 14 August 1984, the
separation authority concurred and directed an OTH discharge by
reason of misconduct due to commission of a serious offense. On
16 August 1984, you received NIP for wrongful use of marijuana.
You received a reduction in paygrade, restriction, and extra
duty. You were discharged with an OTH characterization of
service on 21 August 1884.
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 the fact that you were
warned of the consequences of further misconduct and your four
NJP’s, two of which were for wrongful drug use. Finally, the
Board noted that you waived the 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 reqularity 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,
ROBERT D. ALMAN
Acting Executive Director
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