DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2254-14
23 March 2015
Dear
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.
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.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy, began a period of active duty on 8 May
i986, and served without disciplinary incident until 19 January
1989, when you received nonjudicial punishment (NJP) for
attempted purchase of cocaine for the purpose of distribution.
On 26 October 1989, you received your second NJP for wrongful use
of cocaine. Subsequently, you were administratively separated by
reason of misconduct due to drug abuse, and as such, not
recommended for retention or reenlistment. The discharge
authority directed separation under other than honorable
conditions by reason of misconduct and on 17 November 1989, you
were so discharged and assigned an RE4 reenlistment code.
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 change your
reenlistment code, Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your repetitive drug related
misconduct. 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-démonstrate the existence of probable
material error or injustice.
Since ely,
RT J. O'NEILL
Executive Director
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