DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5100-14
3 June 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
19 May 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
iti UStiLce.
You enlisted in the Navy and began a period of active duty on
8 September 1992. On 27 September 1995, you received
nonjudicial punishment (NJP) for wrongful drug use.
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 (OTH) discharge by reason of
misconduct. The separation authority concurred and you received
an OTH discharge on 8 February 1996.
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
Department of Veterans Affairs (DVA) administrative decision.
Nevertheless, the Board concluded these factors were not
sufficient to warrant changing your characterization of service
given your NJP for wrongful drug use. Finally, the Board notes
that the DVA upgraded your discharge status to “Honorable” in
order for you to receive VA benefits only, and does not change or
upgrade your characterization of service. 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.
Sincerely,
OBERT J. O'NEILL
Executive Director
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2015. 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. 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...
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