DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2415-14
19 March 2015
Dear (ay
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
ii 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 reenlisted in the Navy on 27 June 1983, after more than three
years and nine months of prior service. You served for a year
and seven months without disciplinary incident, but on
i3 February 1985, you received nonjudicial punishment (NJP) 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 rights to consult with legal
counsel and to present your case to an administrative discharge
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 4 June 1985, 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. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, you were given an opportunity to defend your actions, |
but waived your procedural rights. Accordingly, your application
has been denied.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA), and you should contact the nearest office of the
DVA concerning your rights to apply for benefits.
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
Executive Director
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