‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 3211-14
16 January 2015
This is in reference to your application for correction of your.
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Roard for Correction of Naval
Records, sitting in executive session, considered your
application on 14 January 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 on 20 June 1996 and served without
disciplinary incident until 30 September 1997, when you received
non-judicial punishment for wrongful use of marijuana. On 25
November 1997, you were administratively discharged with an
other than honorable characterization of service by reason of
misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your characterization of service and the
statement regarding your service. Nevertheless, the Boaré
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct, which
included drug abuse. Accordingly, your application has been
denied.
Et 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 within one year from the date of the Board’s decision.
tn this regard, it is important to keep in mind that a .
‘presumption of reguiarity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden 1s on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
a
/
‘ROBERT J. O'NEILL
Executive Director
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