DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SIN
Docket No: 1725-14
24 March 2015
Dear
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 far 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
8 June 1987. On 10 June 1987, you were briefed on the Navy's
policy regarding drug and alcohol abuse. On 31 March 1988, you
were convicted by special court-martial (SPCM) of wrongful use of
marijuana and cocaine, and the wrongful distribution of
marijuana. You were sentenced to a forfeiture of pay, a
reduction in paygrade, and confinement. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to wrongful drug use. You elected to consult with
legal counsel and subsequently requested an administrative
discharge board (ADB). On 2 May 1988, the ADB found that you had
committed misconduct, and recommended you receive an other than
honorable discharge. The separation authority concurred and
directed your discharge by reason of misconduct. You were so
discharged on 30 November 1988.
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 desire
to change your characterization of service. 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 NJP for wrongful drug use, and the fact
that you were briefed on the Navy’s policy regarding drug abuse.
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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