DEPARTMENT GE THE NAMVY ..
ber da WP BOO CORRECTION OF WAVAL RFOORRS
701 S. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
TUR
Docket No: 6341-13
6 November 2014
pear Sa
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 October 2014. 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.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insuiticient
to establish the existence of probable material error or
injustice. . oo
You enlisted in the Navy and began a period of active duty on 2
February 1987. You served for two years and seven months without
disciplinary incident, but on 7 September 1990, you received
nonjudicial punishment (NgP) for wrongful use of methamphetamine.
Subsequently, you were processed for an administrative separation
by reason of misconduct jue to drug abuse. After waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorabie conditions by reason of’ misconduct due to drug abuse.
On 14 September 1990 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
5 October 1990, you were So discharged.
The Board, in its review of your entire record and application,
carefully weighed ail potentially mitigating factors, such as
your desire to upgrade your discharge and the passage of time.
the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct .
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
Nevertheless,
it is regretted that che 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. Consequentiy, wren
applying for a correction
ig on the applicant to demonstrate the exis
material error or injustice.
of an official naval record, the burden
tence of probable
ROBERT J. O'NEILL
Executive Director
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