DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2815-15
23 April 2015
a
Dear Mr.
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
23 April 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 évidence 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 13
January 1981. You satisfactorily served without disciplinary
incident until 18 July 1984, when you received nonjudicial
punishment (NUP) for wrongful use of cocaine.
Subsequently you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to drug abuse. The discharge authority approved this
recommendation and directed an other than honorable discharge by
reason of misconduct, and on 6 August 1984, you were so
discharged and assigned an RE-4 reenlistment code.
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 change your narrative
reason for separation and reenlistment code. It also considered
your assertion of post-traumatic stress disorder (PTSD) as the
reason for your misconduct. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your drug related misconduct, which
resulted in NIP. Regarding your assertion, the Board noted that
the severity of your misconduct outweighed the mitigation offered
by your unsubstantiated claim for PTSD. 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’NEILG
Executive Director
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