DEPARTMENT OF THE NAVY a
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2474-14
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 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 .
18 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
16 March 1989. During the period from 19 July 1989 to 3 February
1991, you received two nonjudicial punishments (NJPs}) and
arrested by civil authorities on two occasions, one of which was
for the wrongful use of cocaine. Subsequently, administrative
discharge action was initiated by reason of misconduct due to’
wrongful drug use. 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 to the separation
authority, who directed that you receive an other than honorable
discharge by reason of misconduct. You were so discharged on
14 May 1991.
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 recharacterization of your discharge. given
your two NJP’s and arrest by civil authorities, one of which was
for wrongful drug use 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 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.
Sinceyely
ROBERT J. O’ NEILL
Executive Director
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