DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR oO
Docket No: 8418-13
25 September 2014
‘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 24 September 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 insufficient
to establish the existence of probable material exror or
injustice. e
You: enlisted in the Navy on 11 August 1980 and immediately began
a period of active duty. You served for about three months
without disciplinary incident, but during the period from 25
November 1980 to 3 April 1982, you received nonjudicial
punishment (NJP) on five occasions for two specifications of
wrongful possession of marijuana, wrongful appropriation, absence
from your appointed place of duty, and a four day period of
unauthorized absence (UA).
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
- procedural rights, your commanding: officer recommended discharge
under other than honorable conditions by reason of misconduct due
drug abuse. The discharge authority approved this recommendation
and directed ‘separation under other than honorable conditions by
reason of misconduct due to drug abuse, and on 1 June 1982, you.
were so discharged.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your other than
honorable discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your repetitive misconduct, which
included drug abuse and resulted in five NUJPs and discharge.
Further, you were given an opportunity to defend aout actions,
but waived your procedural rights..
ate 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 daté 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’NEILL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR
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