DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-2490
TAL
Docket No: 807-
14
18 February 2015
This is in reference to your application for correct
naval record pursuant to the provisions Gf title 1
States Code, section 1552.
on of your
£f the United
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
11 February 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
28 February 1980. You served for a year and two months without
disciplinary incident, but during the period from 30 April 1981
to 1 November 1982, you received nonjudicial punishment (NUP) on
three occasions, were convicted by a summary courts-martial and
civil authorities. Your offenses were wrongful possession of
marijuana, unauthorized absence, and larceny.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights 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 separation under other than honorable conditions by
reason of misconduct and on 6 January 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 desire to upgrade your discnarge ana assertion that your
civil conviction should not have had any bearing on your military
obligation. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your misconduct. Further, you were given an
opportunity to defend your actions, but waived your procedural
rights. Regarding your assertion, regulatory guidelines state
that the administrative separation process encompasses the
performance review of a Sailor's entire record, which includes
both the military and civilian communities. In this regard,
members of the Armed Forces who are convicted by civil
authorities may be administratively discharged for misconduct
which occurred in either community or the combined communities.
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,
ROBERT J. O'NEILL
Executive Director
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