DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 5027-14
21 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
7 July 2000. During the period from 8 August 2002 to 30 June
2004, you received three nonjudicial punishments (NOPs), one of
which was for the wrongful use of amphetamine. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. After being afforded
all of your procedural rights, your case was forwarded to the
separation authority recommending that you receive an other than
honorable (OTH) discharge due to misconduct. On 29 July 2004,
the separation authority concurred and directed an OTH discharge
by reason of misconduct. You were so discharged on 3 August
2004.
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 upgrade your discharge
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your three NJP’s, one of which was for wrongful 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 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.
Singeyrely
ROBERT J. O'NEILL
Executive Director
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