DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2777-14
15 December 2014
eo,
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 November 2014. 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
26 August 1982. On 27 August 1982, you were briefed on the
Navy’s policy regarding drug and alcohol abuse. On 3 June and
26 July 1983, you received nonjudicial punishments (NJP) for
wrongful use of marijuana and unauthorized absence.
Subseguently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. Although your record is
incomplete, it appears that after being afforded all of your
procedural rights, your case was forwarded to the separation
authority for review, and you were discharged on 24 August 1983.
At that time, you were assigned an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, change
your reenlistment code and reason for your discharge, and
post service medical issues. Additionally, your assertion that
medical personnel failed to diagnose and treat you for post-
traumatic stress disorder (PTSD) during and after your service.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge,
changing your reenlistment code or the reason for your discharge
given your two NUJP’s, and the fact that you were briefed on the
Navy's policy regarding drug and alcohol abuse. In this regard,
an RE-4 reenlistment code is required when a Sailor is discharge
due to misconduct, and is not recommended for retention.
Regarding your assertion that you were suffering from PTSD when
your misconduct occurred, the Board noted that the severity of
your misconduct outweighed the mitigations of your post service
diagnosed PTSD. Finally, there is no evidence in the record, and
you provided none to support your assertion. 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.
Singeyely
ROBERT J. O’NEILL
Executive Director
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