DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07601-13
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 20 October 1988, at age 19. On 24
October 1988, you signed and acknowledged the Navy drug and
alcohol policy. On 20 September 1990, you received nonjudicial
punishment (NJP) for wrongful use of
amphetamines/methamphetamines. On 3 October 1990,
administrative separation action was initiated by reason of
misconduct: (drug abuse). After being advised of your due
process rights, you waived your right to have your case heard by
an administrative discharge board (ADB). Your commanding
officer forwarded his recommendation that you he discharged
under other than honorable conditions (UOTHC) by reason of
misconduct (drug abuse). On 12 October 1990, the discharge
authority directed a discharge UOTHC by reason of misconduct
(drug abuse). Your misconduct continued and on 1 November 1950,
you received NUP for three incidents of failure to go to your
appointed place of duty, failure to obey a lawful order and
disobeying a lawful order. You were discharged UOTHC on 9
January 1991 and assigned aN RE-4 (not recommended for
retention) 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 recharacterization of your discharge, given your record
of two NJP’s for multiple offenses and drug abuse. In addition,
the Board noted that you waived your right to an ADB, your best
opportunity €or 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,
88 Go
ROBERT D. ZSALMAN
Acting Executive Director
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