DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
TAL
Docket No: 3304-14
42 WNatramhar DNA
peor
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
5 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
30 August 1990. You served for two years with no disciplinary
incident, but during the period from 27 August to 17 December
1992, you received nonjudicial punishment (NJP) on three
occasions. Your offenses were failure to go to your appointed
place of duty, drunkenness, dereliction of duties, unauthorized
absence, and you tested positive for wrongful use of marijuana.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of
misconduct at which time you waived your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge poard (ADB). Your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. The
discharge authority approved this recommendation and directed
separation under other than honorable condition by reason of
misconduct, and on 28 January 1993, you were SO discharged.
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 to acquire Veteran's
medical benefits for your diagnosed medical condition of
amyotrophic lateral sclerosis (BLS) « Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NgPs and wrongful drug
use. The Board noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
service. 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. ix ELS
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. QO’ NELTLL
Executive Director
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