DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1601
TAL
Docket No: 7118-13
14 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 6 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
26 March 1981 at age 21. On 4 February 1981, you received
nonjudicial punishment (NUP) for wrongful use of marijuana. On
24 June 1983, you received NJP for wrongful use of marijuana and
cocaine. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (drug abuse). - You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 6 October 1983, an ADB found that you had
/ committed misconduct and recommended that you be discharged
under OTH conditions due to drug abuse. On 13 January 1984, you
received the OTH discharge for misconduct due to 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 two NUPs for drug use. 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 memes 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,
ROBERT D. ZSALMAN
Acting Executive Director
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