DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 7527-14
5 August 2015
Dear
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
30 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.
Further, regarding your request for a personal appearance, be
advised that Board regulations state that personal appearances
before the Board are not granted as a right, but only when the
Board determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record.
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, began a period of active duty on
28 May 1980, and served without disciplinary incident for about
eight months. However, on 10 February 1981, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) and
missing a movement. On 26 February 1981, and again on
7 April 1982, you received NJP for possession of marijuana.
Subsequent to the foregoing misconduct, administrative discharge
action was initiated by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected your procedural
right to present your case to an administrative discharge board
(ADB). The ADB determined that you had committed misconduct and
recommended a general discharge by reason:of misconduct.
However, your commanding officer recommended an other than
honorable discharge. The discharge authority concurred with the
ADB's recommendation and directed a general discharge by reason
of misconduct due to drug abuse, and on 5 December 1983, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
your assertion that the discharge would be upgraded after a
certain waiting period. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct which
resulted in three NUPs for two drug abuse incidents, UA and
missing a movement. With regard to your assertion, be advised
that there is no provision in law or regulations that allows for
a discharge to be automatically upgraded due solely to the
passage of time. 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,
OBERT J. *NEILL
Executive Director
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