DEPARTMENT OF THE NAVY
‘ 3 BOARD FOR CORRECTION OF NAVAL RECORDS
a 701 S. COURTHOUSE ROAD, SUITE 1001
- ARLINGTON, VA 22204-2490
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Docket No: 586-14
24 February 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 3 February 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
9 June 1978. During the period from 7 September 1979 to 25 June
1982, you received four nonjudicial punishments (NJPs) for two
instances of disobedience, two instances of assault, two
instances of being absent from your appointed place of duty,
disrespect, two instances of wrongful possession of marijuana,
and wrongful possession of hashish. Additionally, you were
counseled and warned after your third NOP, that further
misconduct could result in administrative discharge action.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to wrongful drug use. 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
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received an other than honorable (OTH) discharge by reason of
misconduct. You were so discharged on 10 August 1982.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, and desire
to change your characterization of service. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant changing
your characterization of service given your four NUP’s, two of
which involved illegal drugs, and the fact that you were warn of
the consequences of further misconduct. 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, Lc 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.
Sinceyely,
ROBERT J. O’NEILL
Executive Director
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