DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ceo:
This is in reference to your application for correction of your
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naval record pursuant to the Provisions Gf title 16
States Code, section 1552.
£ the United
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
25 March 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 materia considered by the Board ¢
your application, together with all material submitted in support
a : =
thereof, your naval Tecora, anda 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
You enlisted in the Marine Corps and began a period of active
duty on 28 September 1983. You served for a year and three
months without disciplinary incident, but during the period frori
21 January 1985 to 3 October 1986, you received nonjudicial
punishment (NJP) on four occasions and were convicted by summary
court-martial on two occasions. Your offenses were damage to
government property, unauthorized absence (UA) from your unit,
wrongful use of controlled substances (marijuana and cocaine)
dereliction in the performance of duties and breaking
restriction.
f
Subsequently, you were notified of pending administrative
separation by reason of 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 (ADB). 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, on 17 October 1986, 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 and assertion of suffering
with a traumatic brain injury (TBI) which existed prior to
service. 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 TBI, 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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