‘DEPARTMENT OF THE NAVY ©
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 3065-14
5S November 2014
Dear Ca:
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
22 October 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
16 February 1992. You served for a year and seven months
without disciplinary incident, but on 30 September 1993, you
-received nonjudicial punishment (NUP) for one day of
unauthorized absence from your unit and wrongful possession of
Marijuana.
Subsequently, you were notified of pending administrative
separation by reason 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.
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 8 November 1993, you were so
dischargea
‘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 and assertions that you
used marijuana to help with your post-traumatic stress disorder
(PTSD) and alcoholism. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural rights. Regarding your assertion of
suffering from PTSD, the Board noted that you did not provide a
diagnosis and that the severity of misconduct outweighed the
mitigation of your possible diagnosis. 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.
Sincerely,
ROBERT J. O'‘NEILE
Executive Director
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