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ARLINGTON. VA 22204- 2490
TJR
Docket No: 1867-14
24 November 2014
This is in reference to your appli ‘cation for correction of your
naval record pursuant co, the provisions © ef Title 10, United
States Code, Section 155
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 2014. 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 consi ‘stead of your appli ication, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, 4 and poli Lc1es.
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 of
injustice
you enlisted in the Navy and began 4 period of active duty on 16
April 1991. You served without di sciplinary sncident until 17
March 1992, when you were convicted by summa court-martial
ence absence from
ry
(scm) of a three day period of unauthorized ab
your appointed place of duty, and two specifica
use of cocaine. Shortly thereafter, on 24 Mar
received nonjudicial | punishment (NUP) ce absence from your
appointed place of duty and disobedienc
Subsequently, you were processed for an administr raAtLlve separation
by reason of mi ;sconduct due to drug abuse. DEDAE waiving your
procedural right to cons ult with legal counsel and to present
your case to an administrative discharge board (ADB), your
commanding officer recommended dis charge under other than
honorable conditions by reason of misconduct due to drug abuse.
The discharge authority approved ths
your commanding officer to issue you
discharge by reason of misconduct,
discharged.
re commendation and directed
an other than honorable
and on 1 May 1922, you were so
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, post service conduct, and
the passage of time. Nevertheless, the -Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
swe ayehaaa el ES Antanad
misconauct. Further, you weie given an opportunity +o Sere"
yourself, but waived your procedural right to present your case
to an ADB. 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
4s on the applicant to demonstrate the existence of probable
material error or injustice.
Sin el
ROBERT J. O'’NETLL
Executive Director
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