DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 1296-14
.24 March 2015
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 in a 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
3 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.
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
25 June 2004. During the period from 14 May 1985 to 28 January
1986, you received four nonjudicial punishments (NJPs), one of
which was for the wrongful use of marijuana. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to wrongful drug use. You waived your rights to
consult counsel, submit a statement, or have your case heard by
an administrative discharge board (ADB). Your case was forwarded
to the separation authority for review. On 20 February 1986, it
was directed that you received an OTH discharge by reason of
misconduct. You were so discharged on 7 March 1986.
The Board, in its review of your entire record and application, —
‘carefully weighed all potentially mitigating factors, such as
your record of service and desire to change your characterization
of service, and contention that you did not receive proper legal
advice. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant changing your discharge given your four
NJPs and wrongful drug use. With regard to your contention that
you did not receive proper legal advice, the record clearly shows
that you expressly waived your right to consult with counsel, and
waived your right to request and ADB. 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,
ROBERT ‘ ‘NEILL
Executive Director
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