DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 6893-14
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 23
July 1982. During the period from 8 November 1984 to 9 April
1985, you were screened for alcohol abuse and diagnosed with
alcoholism. Also during this period, specifically, on 8 March
and again on 13 June 1985, you received nonjudicial punishment
(NUP) for being incapacitated for duty, absence from your
appointed place of duty, disorderly conduct, and wrongful use of
cocaine.
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 discharge by
reason of misconduct. On 9 July 1985, the discharge authority
approved this recommendation and directed an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 15 July 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and your assertion that
you are now in need of help due to your alcoholism.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case given your alcohol and
drug related misconduct which resulted in two NUPs and your
separation from the Navy. Finally, you were given an
opportunity to defend yourself and obtain alcohol abuse
treatment but not only did you waive your procedural rights, you
also refused treatment through a veterans’ organization for drug
and alcohol dependency. 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,
ERT J. O'NE
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