DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4736-14
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Dear
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 limitatidéns 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 applicaticn 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
10 November 1999, it appears that you served satisfactorily
without incident until testing positive on a drug-use test,
although it did not result in punitive action. On 13 May 2002,
you received nonjudicial punishment (NJP) for failure to go.
Although the discharge documentation is not in your record, it
appears that administrative separation action was initiated by
reason of misconduct due to a pattern of misconduct and on
18 October 2002, you were so discharged.
The Board, in its review of your application and record
{although incomplete), carefully weighed all potentialiv
mitigating factors, such as your period of satisfactory service
and desire to upgrade your discharge. It also considered your
assertion that your discharge was based on an incident that
allegedly occurred two years prior to your discharge.
Nevertheless, based on the information currently contained in
your record, the Hoard concluded these factors were not °:
sufficient to warrant an upgrade of your discharge given the |
‘positive result of your drug-use test and misconduct’ which
resulted in NJP. Further, the Board found that your assertion
was insufficient to establish the existence of probable material
error or injustice. Accordingly, your application has been
denied. a fae
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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