DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8226-13
17 September 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 10 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
29 March 1985, at age 21. On 28 May 1986, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty, failure to obey a lawful order, and wrongful
possession and use of marijuana. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 18 July 1986, you
received the OTH discharge’ for misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your characterization
of service given your misconduct that resulted in an NUP. The
Board noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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
fFhat favorable actiom’ cannot. be taken. You are entitled to have
_ the Board reconsiderx its decision upon submission of new and
g@aterial 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
ROBERT J. O’NEILL
Executive Director
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