DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 1779-14
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 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
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
Co establish the existence of probable material error or
injustice. ,
On 20 June 1983, you reenlisted in the Navy after serving over
two years of satisfactory service. On 19 June 1985, you were
briefed on the Navy’s policy regarding drug and alcohol abuse.
On 24 June 1986, you received nonjudicial punishment (NJP) for
wrongful use of marijuana. You received a reduction in paygrade,
a forfeiture of pay, restriction and extra duty. 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 recommending you receive an other
than honorable (OTH) discharge. on 6 August 1986, the separation
authority concurred and directed an OTH discharge by reason of
misconduct. You were so discharged on 14 August 1986.
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 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 characterization of service given your NJP for wrongful drug
use, and the fact that you were briefed on the Navy's policy
regarding wrongful 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 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.
Sincexyely
ROBERT J. O’ NEILL
Executive Director
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