DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1807-14
16 March 2015
ed
nee,
OY
Dear QUREy:
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 10
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
You enlisted in the Navy and began a period of active duty on 7
September 1989. You served without disciplinary incident until
'29 April 1992, when you received nonjudicial punishment for 78
days of unauthorized absence and wrongful use of cocaine. On 4
May 1992, you received notification that you were being
considered for an administrative discharge and waived all your
rights to an administrative board, which was your best chance
for retention. As a result, you were recommended for an
administrative separation by reason of misconduct due to
commission of a serious offense and drug abuse. On 26 June
1992, you were discharged with an other than honorable
characterization of service by reason of misconduct due to
commission of a serious offense.
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 and your
assertion of temporary mental health problems as a reason for
your misconduct. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your misconduct, which included
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 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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