DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 7001
ARLINGTON, VA 22204-2490
JDR
Docket No: 1811-14
18 March 2015
Dear Mr. Resto:
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 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
. 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
13 November 1987. On 30 November 1987, you were identified as a
drug abuser. On 2 and 3 May 1989, you received nonjudicial
punishment (NJP) for a one day period of unauthorized absence,
missing ship’s movement, and wrongful use of marijuana and
cocaine.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to the commission of a serious offense
and drug abuse. At that time you waived your procedural rights.
Your case was forwarded recommending discharged under other than
honorable (OTH) conditions by reason of misconduct due to the
commission of a serious offense and drug abuse. The separation
authority approved and directed an OTH discharge and on
26 May 1989 you were so discharged. At that time, you were
assigned an RE-4 reenlistment code.
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 recharacterization of your discharge or
changing your reenlistment code given your misconduct which
resulted in two NJPs. Finally, the Board noted that you waived
your procedural rights which may have resulted in a better
characterization of service. 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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