DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
_ 701 S. COURTHOUSE ROAD, SUITE 1001
' ARLINGTON, VA 22204-2490
BIG
Docket No: 7911-13
29 July 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 29 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 3 July 1979 after more than three
years of prior honorable service. You received nonjudicial
punishment on two occasions. for the wrongful use of amphetamines
and marijuana (two instances of each). Your commanding officer
then recommended you for administrative separation with an other
than honorable (OTH) characterization of service discharge due
to misconduct (drug abuse (use)). You waived your procedural
right to an administrative discharge board (ADB). On 11 May
1984, you received an OTH characterization of service discharge
due to misconduct (drug abuse (use)), and were assigned an RE-4
(not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, post service good conduct, and current desire
to upgrade your discharge. However, the Board concluded that
your discharge should not be changed due to your two acts of
drug abuse. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. Finally, you are advised that no
discharge is upgraded automatically due solely to the passage of
' time or post service good conduct. In view of the above, your
.applic&tion 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,
0 en
ROBERT D. 42SALMAN
Acting Executive Director.
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