DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 4379-14
20 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
15 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 and began a period of active duty on
20 September 1990. On 15 January 1993, you were convicted by
special court-martial (SPCM) of wrongful use of cocaine. You
were sentenced to confinement and a reduction in paygrade.
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 6 May 1993, the ADB found that you had
committed misconduct due to wrongful drug use, and recommended
you receive a general discharge. The separation authority
concurred and directed a general discharge by reason of
misconduct. You were so discharged on 2 July 1993.
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 NJP for wrongful drug use. Finally, the Board noted
that you were fortunate to receive a general discharge since a
digcharge under other than honorable conditions is often directed
when'-an individual is discharged for misconduct. 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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