DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10017
ARLINGTON, VA 22204-2490
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Docket No: 8898-13
1 October 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 30 September 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 and began a period of active duty on
5 July 1990. The Board found that on 11 July 1990, you were
briefed on the Navy's policy regarding drug and alcohol abuse.
During the period from 26 April 1991 to 1 April 1993, you
received three nonjudicial punishments (NUJP‘s) for missing ship's
movement, and two instances of wrongful use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement, or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense.
You were so discharged on 26 July 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, character letters, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, two
of which were for wrongful drug use. Finally, the Board noted
that you waived the right to an ADB, your best chance for
» retention or a better characterization of service. Accordingly,
i 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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in: your case. 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 J. O'NETUIL
Executive Director
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