DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1610-14
13 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 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
24 February 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 reenlisted in the Navy and began a period of active duty on
3 January 1986. You served for a year and five months without
disciplinary incident, but during the period of 20 June 1987 to
14 November 1988, you received nonjudicial punishment (NUP) on
four occasions. Your offenses were failure to go to your
appointed place of duty, falsifying an official pass,
unauthorized absence (UA) and wrongful use of marijuana.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB). Your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct and on 4 January 1989, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of self-
referral. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your misconduct. Further, you were given an
opportunity to defend your actions, but waived your procedural
rights. Regarding your assertion there is no evidence in your
record and you submitted none. 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 J. O’NEILL
Executive Director
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