DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 3516-14
7 April 2015
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
31 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 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
4 November 1981. On 26 January and 10 March 1983, you received
nonjudicial punishment (NOP) for disrespect, disobedience and
wrongful use of marijuana. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use. You waived your rights to consult counsel,
submit a statement, or have your case heard by an administrative
@ischarge board (ADB). Your case was forwarded to the separation
authority recommending that you receive an OTH discharge by
reason of misconduct. The separation authority concurred and you
were so discharged on 29 April 1983.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to change your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant changing your characterization of service
given your two NJP’s, one of which was for wrongful drug use.
Finally the Board noted that you waived the right to an ADB, your
best chance 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. 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 i i
error or injustice.
ROBERT J. O'NEILL
Executive Director
joie ii iar
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