DEPARTMENT OF THE NAVY
pAAeEm FEOe © mpoeerrimp OF RiawaAs PEC ry PN
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Docket No: 191-14
5 December 2014
—
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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
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
yegulations 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 Boara found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began 4 period of active duty on
25 January 1988. You served for three years and four months
without disciplinary incident, but on 15 May 1991, you received
nonjudicial punishment (NOP) for wrongful use of cocaine.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you elected to consult with legal counsel and requested an
administrative discharge board (ADB). The ADB found that you had
committed misconduct and recommended that you be discharged under
other than honorable (OTH) conditions due to drug abuse. your
commanding officer concurred with the ADB and recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. The discharge authority approved
the recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on 15 August
1991, you were SO discharged.
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 and assertion that your
prescribed pain medication caused the positive drug test results.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your misconduct. Finally, there is no evi
the record, and you provided none, to support your assertion.
Accordingly, your application has been denied.
dence in
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
Fxecutive Director
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