DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Decket No: 6952-14
27 March 2015
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 17
March 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.
driving under the influence of a controlled substance,
specifically, marijuana. About three months later, on 2
September 1987, you received nonjudicial punishment (NJP) for
wrongful use of marijuana and phencyclidine, and drunk driving.
On 14 April 1988, you received your second NUP for activating a
fire alarm and wrongful use of cocaine, marijuana, and
phencyclidine. Subsequently, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural right 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 your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 6 May 1988,
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, post service conduct, and
the passage of time. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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 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,
ROBERT J. O'NEILL
Executive Director
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