DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07594-13
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
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 on 8 July 1987. On 14 May 1992, you
received nonjudicial punishment (NUP) for being in an
unauthorized absence status for 11 days and being disrespectful
toward a petty officer. On 24 July 1997, you provided a
urinalysis which tested positive for wrongful use of cocaine and
marijuana. An investigation was conducted at your residence and
a “carbo clean plus” kit was found. On 11 August 1997, you
received NJP for wrongful use of cocaine and Marijuana. You
were advised that your commanding officer was recommending you
for administrative separation. You elected to have your case
heard by an administrative discharge board (ADB). On 9 October
1997, your case was heard and the ADB determined that you had
committed misconduct that warranted administrative separation
under other than honorable conditions (UOTHC). Your commanding
officer concurred with the ADB. The discharge authority
approved the recommendation and directed a discharge UOTHC. On
31 October 1997, you were so discharged and assigned an RE-4
(ineligible for reenlistment) reentry code.
The Board, in its review of your application, considered all
potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your service, given
your record of two NJP’s for misconduct and drug abuse.
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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