DEPARTMENT OF THE NAVY
-— ee eee ee ree aes
Ang FOR CoRKReE: isi oor AVAL REoSRSS
701 S. COURTHOUSE ROAD, SUITE {00f
ARLINGTON, VA 22204-2490
os
SUN |
Docket No: 12687-14
22 January .2015
pear
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.
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute of
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-6 January 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.
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 Marine Corps and began a period of active
duty-on 13 August 2001. On 6 November 2002, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. You
received a reduction in paygrade, a forfeiture of pay,
restriction and extra duty. Subsequently, administrative
discharge action was initiated by reason of misconduct due to a
pattern of misconduct. You elected-to submit a statement
regarding your administrative separation, and waived your rights
to consult counsel or have your case heard by an administrative
discharge board (ADB). Your case was forwarded to the separation
authority recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH @ischarge by
reason of misconduct. You were so discharged on 6 March 2003.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments and conduct,
character letters, Army National Guard service, and desire to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not-sufficient to warrant recharacterization of your
discharge given your NUP for wrongful drug use. The Board noted
“that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally,
Board regulations state that personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record. Accordingly, your application has been
denied.
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,
Ri TI, O'NEILL
Executive Director
NAVY | BCNR | CY2010 | 00042-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 042-10 12 October 2010 ee. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. @pnsequently, 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.
NAVY | BCNR | CY2013 | NR4019 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 00541 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2013 | NR4115 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR896 14
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your...
NAVY | BCNR | CY2014 | NR10805 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2014 | NR4503 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2015. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2014 | NR3171 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 2 December 2014. Your allegations of error and injustice were reviewed in accordance with administrati regulations and procedures applicable to the proceedings of t Board. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct (drug abuse - use).
NAVY | BCNR | CY2011 | 00677-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2011. 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of an NJP...
NAVY | BCNR | CY2014 | NR3516 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate i i error or injustice.