DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
SUN
Docket No: 2321-14
6 April 2015
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
11 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
2 June 1992. On 4 June 1992, you were briefed on the Navy's
- policy regarding drug and alcohol abuse. On 25 February 1993 and
4 May 1994, you received nonjudicial punishment (NUP) for
disobedience, unauthorized absence, wrongful appropriation, and
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. You waived your rights to consult counsel, submit a
statement, or have your case heard by an administrative discharge —
board (ADB). Your case was forwarded and the separation
authority directed an OTH discharge by reason of misconduct. You
were so discharged on 15 July 1994.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant changing your characterization of service
given your two NUJP’s, one of which was for wrongful drug use, and
the fact that you were briefed on the Navy's policy regarding
drug abuse. Accordingly, your application has been deriied.
‘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
priox 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’NETLU
Executive Director
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