DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3911-14
14 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
8 April 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, began a period of active duty on
16 December 1994, and satisfactorily served without disciplinary
incident for about two years and 10 months. However, on
2 October 1997, you received nonjudicial punishment (NUP) for
wrongful use of marijuana.
Although the discharge documentation is not in your record, it
appears that administrative separation action was initiated by
reason of drug abuse and on 27 October 1997, you were so
discharged.
The Board, in its review of your application and record
(although incomplete), carefully weighed all potentially
mitigating factors, such as your period of satisfactory service
and desire to upgrade your discharge. It also considered your
assertion that your service was honorable at the time your
medical issues were discovered. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant an
upgrade of your discharge given your misconduct which resulted
in NJP. With regard to your assertion, even if the medical
issues were discovered during a period of honorable service,
subsequent drug abuse was an intervening act that warranted
disciplinary action and administrative separation. 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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