DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 7642-14
28 July 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
8 July 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
22 August 1988. You served for about one year without
disciplinary incident, but on 13 September 1989, you received
nonjudicial punishment (NUP) for wrongful use of marijuana and
cocaine.
You were notified of pending administrative separation by reason
of misconduct due to drug abuse at which time you elected your
procedural rights to consult with legal counsel and to present
your case to an administrative discharge board (ADB). The ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct due to drug
abuse, and on 30 April 1990, 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 to reflect the same
characterization of service as that assigned by the Department
of Veterans Affairs (DVA), Oakland Regional Office, in their
letter dated January 23, 2014. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case due to the severity of your repeated drug related
misconduct, especially after being advised that such misconduct
would result in disciplinary action and/or administrative
separation. In regard to your assertion that your naval record
should be changed to reflect the same characterization of
service that was given by the DVA, be advised that the DVA only
has the authority to recharacterize your service for their
purposes. In other words, the DVA does not have any
jurisdiction to change your naval record. 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.
Sincer
OBERT J. O’NEILL
Executive Director
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