DEPARTMENT OF THE NAVY
5 BOARD FOR CORRECTION OF NAVAL RECORDS
fd 701 S. COURTHOUSE ROAD, SUITE 1001
| ARLINGTON, VA 22204-2490
rie
SIN
Docket No: 4381-14
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
ie as se were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary naberdall 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
24 September 1991. On 3 June 1992, you were convicted by civil
authorities of drug trafficking and sentenced to 10 years in
jail. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug abuse. You waived
your rights to consult counsel, submit a statement, or have your
case heard by an administrative discharge board (ADB) Your case
was forwarded to the separation authority recommending that you
receive an other than honorable discharge (OTH) discharge by
reason of misconduct. The separation authority concurred and you
received an OTH discharged on 16 December 1992.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to change your discharge, and
Proclamation from the state of Arkansas. 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 elvil, conviction. for
drug trafficking and ensuing incarceration. Additionally, Le is
important to keep in mind that your pardon from the state of
Arkansas and administrative separation were two separate fact
finding processes, and the decision of the latter does not cancel
the findings of the former. This is especially true in your case
because your CO’s decision to administratively separate you was
based on facts and circumstances surrounding your civil
conviction. 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.
Sinceyel
ERT J. O'NEILL
Executive Director
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