DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUIR ;
Docket No: 6905-13
24 July 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 22 July 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, — Se
You enlisted in the Navy.on 27 September 1984 and began a period
of active duty on 22 January 1985. You served for about five
months without disciplinary infraction, however, on 16 May 1985,
your urine sample tested positive for the wrongful use of
marijuana..- Asa result, you were referred for participation in a
drug ‘and alcohol réhabilitation program’ and te undergo weekly
urinalysis screening.: On 30 May 1985 you received nonjudicial
punishment (NIP) “for wrongful use of marijuana. In June 1985,
during your sécond. weekly screening, your urine sample tested.
positive for. the- wrongful use of cocaine. ~
As-a result of the foregoing, ‘on:12: July 1985, -you were notified
of administrative separation by reason of misconduct due to drug
abuse. After consulting with legal counsel, you elected to
present your case to an administrative discharge board: (ADB). On
-1¢ August 1985 an ADB recommended séparation under other than
honorable -conditions by reason of misconduct due to drug abuse.
On 10 and again on 11 September 1985, you received NUP for two
periods of absence from your appointed place of duty and failure
to obey a lawful order by wrongful possession of alcoholic
beverages while on restriction. Subsequently, your commanding
officer, in concurrence with the ADB, also recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 13 October 1985 the discharge authority
approved these recommendations and directed discharge under other
than honorable conditions by reason of misconduct, and on 18
Ogtober 1985, you were so separated. .
2 cei.
THe Board, in its review So#your entire record and application,
Carefully weighed-all: potentially mitigating factors, such as
your desire to upgradé*tou
e"your ‘discharge and assertions of being on
restriction without the possibility of leaving the base and
improper control éver urine samples. Nevertheless, the Board
_concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your repetitive drug
related misconduct and failure to successfully complete a
rehabilitation program. Finally, there is no evidence in the
record, and you submitted none, to Support your assertions.
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,
ROBERT D. ALMAN
Acting Executive Director
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