DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4323-14
22 April 2015
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This is in reference to your application for correction ef 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
21 April 2015. The names and votes cf 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 navai 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 errcer or
injustice.
You enlisted in the Navy and began a period of active duty on
25 March 1981. During the period from 16 June 1982 to
16 December 1983, you received. four nonjudicial punishments
(NUPs), two of which were for wrongful use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to wrongful drug use. You elected to
consult with legal counsel and requested an administrative
discharge board (ADB). On 13 March 1984, the ADB found that you
had committed misconduct due to drug abuse, and recommended you
receive an other than honorabie (OTH) -discharge. The separation
authority concurred and directed-an OTH discharge by reason of
misconduct. On 1 June 1984, you received a fifth NUP for
unauthorized absence. You were so discharged on 6 June 1°84.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, and desire
to change your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant changing your
characterization of service given your five NUP’s, two of which
were for wrongful drug use. Accordingly, your application has
been denied.
Et 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.
Sincerel
ROBERT J. O'NEILL
Executive Director
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