DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S, COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
TIR
Docket No: 12070-14
27 March 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10,° United
States Code, Section 1552.
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
17 March 2015.. The names and votes of the members of the panel
will be furnished upon request. 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.
8 July 1980. You served without disciplinary incident until
24 March 1981, when you were convicted by civil authorities of
wrongful possession of marijuana.
On 1 October 1985, you received nonjudicial punishment (NIP) for
an unspecified period of unauthorized absence (UA). About five
months later, on 13 February 1986, you received NJP for wrongful
use of marijuana. Asa result, you were processed for an
administrative separation by reason of misconduct due to drug
under other ‘than honorable conditions by reason of misconduct due
to drug abuse, which was in direct Gisregard to the Navy's ‘Zero
Tolerance’ Policy, and conviction by civil authorities for
possession of marijuana. Prior to the discharge authorities’
review, you were committed further misconduct, specifically; you
failed to obey a lawful order and again wrongfully used
marijuana. These offenses were referred for trial by court-
martial, and on 7 May 1986, you were convicted by special court-
Martial (SPCM) of the foregoing offenses and sentenced to
confinement for two months, reduction to paygrade E-2, a $800
forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
The Board, in its review of your entire record and application
with supporting documentation, carefully weighed all potentially
mitigating factors, such as your desire to recharacterize your
discharge and your assertions that your drug abuse was originally
a coping mechanism to sleep but subsequently adjusted this
statement to indicate that your drug use was due to your
suffering from Post-Traumatic Stress Disorder (PTSD), pre-service
and service related sexual assaults, and undiagnosed mental
conditions. The Board further considered your request for
corrections to your Certificate of Release or Discharge from
Active Duty (DD Form 214). Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repeated
drug related misconduct in hoth the military and civilian
communities. Further, you provided no evidence to support your
assertions of PTSD, sexual assault or abuse, or undiagnosed
mental conditions. Accordingly, your application has been
denied.
Regarding your request for corrections to your DD Form 214, you
may wish to contact the Department of Navy, Navy Personnel
Command (BUPERS), Code Pers-312, 5720 Integrity Drive,
Millington, TN 38055-3120, to request these changes and the
reissuance of a DD Form 214 which reflects these changes, if
warranted,
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
within one year from the date of the Board’s decision. 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. Of NETLL
Executive Director
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