DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6299-14
9 July 2015
Dear aa,
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
10 June 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 reenlisted in the Navy on 5 June 1981 after more than seven
years of prior service. You served for six months without
disciplinary incident, but during the period from
28 January 1982 to 4 May 1984, you received nonjudicial
punishment (NJP) on two occasions. Your offenses were
disrespect toward a noncommissioned officer and wrongful use of
marijuana.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB). Your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct
due to drug abuse. The discharge authority approved this
recommendation and directed separation under other than
honorable conditions by reason of misconduct and on
‘7’ August 1984, you were so discharged.
‘The Board, in its feview of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of not
receiving drug rehabilitation prior to discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your
misconduct. Further, you were given an opportunity to defend
your actions, but waived your procedural rights. Finally, the
Board found that your record contains documentary evidence that
is contrary to assertion you did attend the Navy Alcohol Safety
Action Program (NASAP). After completing NASAP you were placed
on a command directed urinalysis program and tested positive for
the wrongful use of cocaine. 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,
ROBERT J. O'NEILL
Executive Director
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