DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket Noa: 7244-13
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. 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 materiai 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
27 April 1987. The Boar@g found that on 30 April 1987, you were
briefed regarding the Navy’s policy on drug and alcohol abuse.
During the period from 11 May 1389 to 3 March 1993, you received
three nonjudicial punishments (NUP’s) for failing to go to your
appointed place of duty, being absent from your appointed place
of duty, disobedience, larceny, and unauthorized absence (UA).
On 23 November 1993, you were convicted by special court-martial
(SPCM) of UA and disobedience. On 28 January 1994, you received
a fourth NIP for wrongful use of marijuana. On 13 April 1994,
you were convicted by a second SPCM of two days of UA and
escaping from lawful custody. You were sentenced to confinement
and a bad conduct discharge (BCD). You received the BCD on
27 January 1995 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUP'’s, one
of which was for wrongful drug use, and SPCM convictions.
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. Z2SALMAN
Acting Executive Director
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