DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 6589-14
6 July 2015
Dear 2.
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
11 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 enlisted in the Navy and began a period of active duty on
29 July 1997. You served without disciplinary incident until
15 October 1998, when you received a civilian conviction for
possession of marijuana. On 18 October 1998, you received a
second civilian conviction for reckless driving. Asa result,
you were recommended for an administrative discharge by reason
of misconduct due to civilian conviction, commission of a
serious offense, and drug abuse. On 4 December 1998, you were
discharged under other than honorable conditions by reason of
misconduct.
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 to receive
benefits. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case, given the
seriousness of your misconduct, which included two civilian
court convictions and 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 a
presumption of regularity attaches to all official records.
Consequently, when applying fora 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
i
NAVY | BCNR | CY2014 | NR6460 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 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...
NAVY | BCNR | CY2014 | NR4392 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 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...
NAVY | BCNR | CY2014 | NR807 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2014 | NR12070 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015.. Asa result, you were processed for an administrative separation by reason of misconduct due to drug under other ‘than honorable conditions by reason of misconduct due to drug abuse, which was in direct Gisregard to the Navy's ‘Zero Tolerance’ Policy, and conviction by civil authorities for possession of marijuana. Consequently, when applying for a...
NAVY | BCNR | CY2014 | NR12070 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015. 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. The Board, in its review of your entire record and application with supporting documentation, carefully weighed all potentially mitigating factors,...
NAVY | BCNR | CY2014 | NR5383 14
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 15 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...
NAVY | BCNR | CY2014 | NR4069 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 2015. Documentary material considered by the Board consisted of your application, together with ail 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...
NAVY | BCNR | CY2014 | NR7113 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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.
NAVY | BCNR | CY2014 | NR7279 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2015. Subsequently, you were notified of pending administrative separation by reason of misconduct due to civilian conviction at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2014 | NR2114 14
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a...