DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 6840-14
30 June 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
18 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
11 April 1989. You served without disciplinary incident until
14 November 1989, when you received nonjudicial punishment (NJP)
for wrongful use of cocaine. The foregoing NUP was the result
of an investigation due to your positive urinalysis on 19
October 1989. Nonetheless, during the investigation, you
stated, in part, that you had not used drugs and you did not
know why your urine sample tested positive.
Subsequently, you were processed for an administrative
separation by reason of misconduct due to drug abuse. After
waiving your procedural rights, your commanding officer
recommended separation under other than honorable conditions by
reason of misconduct. On 16 April 1990, the discharge authority
approved this recommendation and directed an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 24 April 1990, you were so discharged.
The Board, if itsS review of your entire record and application,
carefully weighed atl potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
your assertion that you were not offered rehabilitation for drug
use. Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case given your drug
related misconduct which resulted in NUP and your separation
from the Navy. Regarding your assertion of not being offered
rehabilitation, the Board concluded that since the record
reflects that you stated in part, that you had not used drugs,
rehabilitation would not have been a course of action for your
circumstances. 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,
Executive Director
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