DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07592-13
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 13 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
ef 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 on 26 June 1989. On 29 June 1989, you
signed and acknowledged the Navy drug and alcohol policy. On 11
July 1989, you were identified and counseled as a drug abuser
based on a positive urinalysis for the wrongful use of
Marijuana. On 30 September 1994, you received nonjudicial
punishment (NJP) for wrongful use of marijuana. On 30 September
1994, administrative separation action was initiated by reason
of misconduct. After being advised of your due process rights,
you waived your right to have your case heard by an
administrative discharge board (ADB). On 14 October 1994, your
commanding officer forwarded his recommendation that you be
separated with an other than honorable characterization of
service by reason of misconduct. On 7 November 1994, the
discharge authority directed a under other than honorable
discharge by reason of misconduct. You were so discharged on 7
December 1994, and assigned an RE-4 (ineligible for
reenlistment) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. The Board found those factors insufficient to
warrant changing your characterization of service, given your
record of one NJP for wrongful use of marijuana. In addition,
the Board noted that you waived your right to an ADB, your best
‘opportunity 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 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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