DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2490
TOR
Docket No: 2137-14
23 March 2015
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 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 17
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 12
March 2003. The following month, on 4 April 2003, you received
nonjudicial punishment for wrongful use of cocaine. As a result,
you were administratively separated by reason of misconduct due
to drug abuse. Subsequently, the discharge authority directed
separation under other than honorable conditions by reason of
Misconduct and on 22 April 2004, 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 based on a decision by the
Department of Veterans Affairs (DAV) to recharacterize your
service solely for their purpose. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your drug related
misconduct. Finally, the Board noted that you were found guilty
at NUP of wrongful use of drugs and discharged by reason of
misconduct for this drug use. As such, the Board concluded that
the DVA change in no way negated these actions. 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.
Sinrerely
ROBERT’ J O'NEILL
Executive Director
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