MEPAPTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REL URES
FQ Ss “OURTHOUSSE ROALS SUITE iv
ARLINGTON, VA 22204-2490
TAL
Docket No: 2136-14
5 December 2014
oe
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 4 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
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,
Ol1
and p cies
LlGrws
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 4 period of active duty on
21 April 1982. you served for one year without disciplinary
sncident, but on 21 April 1983, you received nonjudicial
punishment (NOP) for wrongful use of marijuana.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural right to present your case to an
administrative a@ischarge board (ADB). Your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on
23 September 1983, you were 50 discharge.
___Bnard reconsider its decision upo
waninesy ae eOra and |
entire recoiu ana apy
The Board, in its review or your
carefully weighed all potentially mitigating factors,
your desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your rcsconduct. ~The Board found that you waived the right to an
ADB, your best opportunity for retention or 4 better
aracterization of service. Accordingly, your application has
aity
cnaractreri aa
been denied.
etted that the circumstances of your case are such that
you are entitled to have the
n submission of new and material
date of the Boara’s decision.
It is regr
favorable action cannot be taken.
evidence within one year from the
New evidence 15S 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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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR
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