DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 1624-14
12 March 2015.
Dear ay
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 enlisted in the Navy and began a period of active duty on
21 August 1981. On 15 April 1982 and 27 October 1984, you
received nonjudicial punishment (NIP) for leaving your post and
wrongful use of marijuana. You were placed in your commands
urinalysis surveillance program, and on three occasions, tested
positive for wrongful drug use. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use. You elected to consult counsel and have your
case heard before an administrative discharge board (ADB). On
8 June 1985, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to drug
abuse. On 1i July 1985, your commanding officer concurred with
the ADB's findings and forwarded his recommendation that you be.
-discharged. On 26 July 1985, the separation authority concurred
and directed an OTH discharge by reason of misconduct. You were
so discharged on 8 August 1985.
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 upgrade your discharge.
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 two
NJPs, one of which was for wrongful drug use, and the fact that
“you tested positive for wrongful drug use on three occasion while
in a drug surveillance program. 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.
Singepely
ROBERT J. O’NEILL
Executive Director
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