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NAVY | BCNR | CY2014 | NR13109 14
Original file (NR13109 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

EGA
Docket No: 13109-14

' Noam TE

7 vere
he ot Rhys ea aw ed

 

This is in reference to your application for correction o= your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

Although your-application was not filed in a timely mannex, 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

26 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
Board. Documentary material considered by the Boarc consis
of your application, together with all material submitted 2
support thereof, your naval record, and applicable statutes,
regulations, and policies.

In regard to your request for a personal appearance, be advised
that Board regulations state 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 the record.

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
17 May 2000. You served without disciplinary incident until
27 June 2001, when you received nonjudicial punishment (NJP) for
wrongful use of a controlled substance. As a result, you were
recommended for an administrative separation by reason of
misconduct due to drug abuse. On 6 July 2001, you were
discharged with an other than honorable characterization cf
service.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service. Nevertheless,’

the Board concluded these factors were not sufficient to warrant -

relief in your case, given the seriousness of your misconduct,
which included drug use. 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 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
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.

 

ROBERT J. O'NEILL
Executive Director

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