DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2479-14
27 March 2015
Dear
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 eniisted in the Navy and began a period of active duty on
19 October 2000. On 10 November 2002, you received
nonjudicial punishment (NJP) for wrongful use of ecstasy.
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 recommending that you
receive an OTH discharge by reason of misconduct. The separation
authority concurred and you were so discharged on 5 December
2002.
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 NJP 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.
Singerely
OBERT J. O'NEILL
Executive Director
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