DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 4407-14
22 April 2015
This is in reference to your application for correction of your
navai 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 cf the Board for Correction of Naval Records,
sitting in executive session, considered your application on
21 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 acccerdance 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 consciéntiots consideration of the entire
xrecord, the Board found the evidence submitted was insufficient
to establish the existence of prcbable material error or
injustice.
You enlisted in the Navy and began a period cf active duty on
29 May 1981. During the period from 29 September 1982 to
19 February 1983, you received four nonjudicial punishments
(NJPs), three cf which involved the wrongful possession and use
of illegal drugs. Subsequently, administrative discharge action
was initiatec 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 discharce board (ADB).
Your case was forwarded to thé separation heh alee recommending
that you receive an other than honorable (OTH) discharge by
reason of misconduct. The separation. authority concurred and you
received an OTH discharge on 30 March 1983.
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
belief that you had to apply for an upgrade within six months of
your discharge. Nevertheless, based on your record, the Board
concluded these factors were not sufficient to warrant changing
your characterization of service given your four NUP’s, three of
which were for drug abuse. Finally, you are advised that there
is no provision of law or in Navy regulations that allows for
recharacterization of a discharge automatically after six months
or due solely to the passage of time. 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.
ly,
ROBERT J. O'’
Executive Director
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