REIT RIT oA OT et Ee RIA YEW
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ashe fat nl OP ye he BET ORHIOS
HCG
Docket No: 0661-14
14 January 2ols
‘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
an executive session, considered your application on 7 January
2015. The names and votes of the members of the panel will he
furnished upon request. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Boare.
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
2 August 1982. On 5 April 1984, you received nonjudicial
punishment (NIP) for wrongful use of marijuana. However, on 9
April 1984, a substance abuse report was issued stating that you
exhibited potential for future service. Also, your record
contains an administrative remark entry stating that you were
being retained in the naval service and that a deficiency of drug
use was identified in your conduct. The entry further stated that
you were to eliminate the use of drugs and seek counseling or
assistance, and that any further deficiencies in your performance
or conduct may result in disciplinary action and administrative
processing. You signed the form and chose not to make a’
statement.
You continued your service without incident until 30 June 195%
when you received NUP for wrongful use and possession of cocaine.
On 22 July 1986, your commanding officer recommended you for
administrative separation by reason of misconduct due to drug
abuse. On 5 August.1986, you waived your right to an
“‘Raministrative diScharge board. — Finally, on10 October 1986, you
received an other than honorable discharge by reason of misconduct
‘The Board, in its yeview of your entire record and application,
7 carefully weighed all potentially mitigating factors, such as your .
desire to upgrade your discharge to honorable. Nevertheless, the
Board found these factors were not sufficient to warrant changing
your characterization of service. You stated in your application
that you were having mental health issues at the time of your drug
use, which was untreated by the Navy; however, there is nothing in
your record to support any mental health issues. Accordingly,
your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot he taken. You are entitied 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 ming 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.
Lie J WA
ROBERT J. O’ NETLL
Fxecutive Director
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