DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3843-14
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 IinsuLtieient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy, began a period of active duty on
2 July 1980, and satisfactorily served for about two years and
four months without incident. During the period from
8 December 1982 to 7 September 1983, you tested positive for
drug use on four occasions. On 13 January 1983, you received
nonjudicial punishment (NJP) for willful disobedience of a
superior commissioned officer.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. After consulting with
ee a
legal counsel, you elected your procedural right to present your
case to an administrative discharge board (ADB). The ADB
determined that you had committed misconduct and recommended an
other than honorable discharge by reason of misconduct due to
drug abuse. However, the discharge authority directed a
discharge under honorable conditions by reason of misconduct due
to drug abuse, and on 6 January 1984, you were so discharged.
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 upgrade your discharge. Ee
also considered your post service conduct. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your misconduct which
resulted in NUP. The Board believed that considerable clemency
was extended to you considering you failed multiple drug-use
tests without punitive action and were awarded a general
discharge under honorable conditions. 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 fora correction of an official naval record, the
burden is on the applicant to demonstrate the existence of
probable material error or injustice.
Sincgrely
ROBERT J. O'NEILL
Fxecutive Director
> ae
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