DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 5621-14
1 May 2015
This is in reference to your application for correction of your
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 its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
22 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
Li j USELES.
You enlisted in the Navy and began a period of active duty on
29 November 1999. You served without disciplinary incident
until 5 May 2001, when you received nonjudicial punishment (NJP)
for drunk and disorderly conduct. On 7 November 2001, you
received a second NJP for unauthorized absence (UA), missing
movement, and failure to obey an order. On 12 June 2002, you
received a third NUP for wrongful use of a controlled substance.
As a result, you were recommended for an administrative
separation by reason of misconduct. On 3 July 2002, 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 and post
service mental illness diagnosis. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case, given the seriousness of your repeated misconduct,
which included drug abuse. 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: 4
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an Siiieia)
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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