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VOPAMN IWIN UY Emo NAY i
707 S. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
BIG
Docket No: 3171-14
Z2 December 2014
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 2 December 2014. Your allegations of error and
injustice were reviewed in accordance with administrati
regulations and procedures applicable to the proceedings of t
Board. Documentary material considered by the Board consiste
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 16 November 1981 after four years
of prior honorable service. You received nonjudicial punishment
on three occasions for the wrongful use of marijuana (two
instances), absence from your appointed place of duty, and
failure to obey a lawful order. Your commanding officer then
recommended you for administrative separation with an other than
honorable (OTH) characterization of service discharge due to
misconduct (drug abuse - use). You waived your procedural right
to an administrative discharge board (ADB). On 15 February
1985, you received an OTH characterization of service discharge
due to misconduct (drug abuse - use), and were assigned an RE-4
(not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and current desire to upgrade your discharge
However, the Board concluded that your discharge should not be
changed due to your misconduct. The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. You are advised that no
discharge is upgraded automatically due solely to the passage of
time or post service good conduct. Finally, you are now
alleging that you are suffering from post-traumatic stress
disorder (PTSD). The Board particularly noted that you have
failed to provide evidence of your PTSD diagnosis, and found
that even if you did, it is probable that it would not be a
sufficient basis to overcome drug abuse from almost 30 years
ago. In view of the above, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
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 or other matter not previously considered by
the Board. 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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