DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901S. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2430
TIR
Docket No: 7216-13
31 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 29 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.
You enlisted in the Navy and began a period of active duty on 23
October 1984. You served without disciplinary incident until 5
March 1985, when you received nonjudicial punishment (NJP} for
wrongful use of marijuana and cocaine. About six months later,
on 27 September 1985, you again received NJP for wrongful use of
marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, on 18 October 1985, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due drug abuse. On 23 October 1985, the
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 1 November 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
the passage of time. Nevertheless, the Board concluded these
factors were not sufficient to’ warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct which resulted in two NJPs. Further, you were given
an opportunity to defend your actions, but waived your procedural
‘rights. Finally, , no discharge is upgraded due solely to an
individual's good post service conduct or the passage of time.
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,
TS D- oa
ROBERT D. ZSALMAN
Acting Executive Director
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