DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docke Yo: 4 8-14
14 Apr 201
This is in reference to your application f \
naval record pursuant to the provisions of Title 10, 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 i i
three-member panel of the Board for Correction of Naval
sitting in executive session, considered your applic:
26 March 2015. The names and votes of the members
will be furnished upon request. Your allegations of
injustice were reviewed in accordance with administrat
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consi
of your application, together with all material submitted in
support thereof, your naval record, and applicable st t
regulations, and policies.
After careful and conscientious consideration of the
record, the Board found the evidence submitted was ir
to establish the existence of probable material error
injustice.
Ent
You enlisted in the Navy and began a period of active duty on
18 April 2000. You served without disciplinary incid ti
4 December 2004, when you received nonjudicial punishment (N
for failure to obey an order or regulation. Shortly ther
you tested positive for marijuana while reporting to conf]
correctional custody. As a result, you were recommended
administrative separation by reason of misconduct due to drug
abuse. On 1 March 2005, you were discharged with an other than
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case, given the seriousness of your misconduct,
which included drug use. 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 or other matter not previously considered by
the Board within one year from the date of the Board’s decision.
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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