DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 841-14
12 February 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.
A three-member panel of the Board for Correction of Naval
Cc 1
Records, sitting in executive session, considered your
application on 3 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.
Arter careful and conscientious consideration of the entire
record, the Board found the evidence submitted was nsurtficient
to establish the existence of probable material error or
injustice :
You enlisted in the Navy Reserve and began a period of active
duty on 27 March 1991. About five months later, on August
1991, you received nonjudicial punishment (NJP) wrongful use of
cocaine and absence from your appointed place of duty. Shortly
thereafter, after waiving your procedural rights to consult with
legal counsel and present your case to an administrative
discharge board, your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to drug abuse/use. On 16 September 1991, the discharge authority
approved the foregoing recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 30 September 1991, 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 assertion that you were
not afforded counselling or rehabilitation. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your drug
related misconduct during the period of the Navy's “Zero
Tolerance” policy. Further, you were given an opportunity to
defend your actions, but waived your procedural rights. Finally,
the Board concluded that your assertion is without merit since
there is no evidence in the record, and you provided no such
evidence to support this assertion. 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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