DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 6315-14
14 May 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.
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
6 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
injustice. —
You enlisted in the Navy and began a period of active duty
on 17 November 1982. You served for about 10 months without
disciplinary incident, but on 15 September and again on
27 October 1983, you received nonjudicial punishment (NJP) for
wrongful use of marijuana and disrespect.
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
10 November 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your unsubstantiated claim of a mental condition, your period of
satisfactory service and desire to have your narrative reason
changed. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant a change to your narrative reason
because of your two NJPs resulting from your wrongful use of
Marijuana and disrespect. 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.
Singerely,
ROBERT J. O'NEILL
Executive Director
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