DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2900-99
1 September 1999
Dear
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
Records, sitting in executive session, considered your
application on 25 August 1999.
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.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You were ordered
The following day you signed a statement that
The Board found that you enlisted in the Naval Reserve on
10 December 1993 for eight years at age 23.
active duty as an AN (E-3) for a period of 36 months on
27 December 1993.
you had been briefed concerning the Navy’s policy on Drug and
Alcohol Abuse and understood the consequences of illegal drug
use, the effects of illegal drugs on discipline and combat
readiness, the consequences of drug trafficking, the physical and
psychological effects of drug abuse, and the Navy’s urinalysis
screening program.
Veterans’ Education Assistance Act of 1984 (G.I. Bill) and
informed that you must receive an honorable discharge in order to
be entitled to benefits under the G.I. Bill.
to the fleet upon completion of recruit training.
On 31 December 1993, you were briefed on the
You were assigned
The record reflects that you served without incident until
7 March 1995 when a Navy drug laboratory reported that you had
On the same date, you signed a
tested positive for marijuana.
statement indicating that on the evening of 14 February 1995, you
left an “after-hours” bar with two civilian females who offered
you a “hit” off of a rolled cigarette.
under the influence of alcohol, you accepted.
You alleged that being
On 23 March 1995 you received nonjudicial punishment (NJP) for
use of marijuana.
Punishment imposed consisted of forfeitures of
$458 per month for two months, reduction in rate to AA (E-2), and
45 days of restriction and extra duty.
You were referred for a drug and alcohol
On 12 June 1995 you were notified that discharge under other than
honorable conditions was being considered by reason of misconduct
due to drug abuse.
dependency screening on 21 June 1995. A medical officer
determined that you were not dependent on drugs or alcohol, but
had engaged in ill—advised alcohol abuse.
Thereafter, you were
advised of your procedural rights and, after consulting with
counsel, elected to appear before an administrative discharge
board (AIDE).
On 13 November 1995, an AIDE found that you had
committed misconduct due to drug abuse and recommended separation
with a general discharge.
the ADB findings and, on 17 January 1996, the Chief of Naval
Personnel directed a general discharge by reason of misconduct.
You were so discharged on 19 January 1996.
The commanding officer concurred with
On 9 December 1996, the Naval Discharge Review Board denied your
request for changes in the characterization of service and the
reason for discharge.
However, the Board further noted that at the time of
In it review of your application, the Board conducted a careful
search of your service record for any mitigating factors which
might warrant a recharacterization of your general discharge.
However, no justification for such a change could be found.
The
Board noted the issues you presented to the NDRB, your statement
expressing regret for the mistake which led to your discharge,
the letter of reference, and the letter certifying your
successful completion of an intensive outpatient rehabilitation
program.
your enlistment you were older than the average recruit and a
high school graduate with average intelligence.
the Board that you possessed all the requisite skills for
successfully completing your period of active duty.
also indicates that you were well aware of the consequences of
using illegal drugs.
that the AIDE recommended you for a general discharge since most
individuals separated for using drugs are discharged underother
than honorable conditions.
are denied because of your discharge does not provide a valid
basis for recharacterizing service.
separation was accomplished in compliance with applicable
regulations.
There is no indication that any procedural errors
The Board believed that you were fortunate
It appeared to
The record
The fact that educational benefits
Your administrative
2
jeopardized your rights. The Board concluded that the discharge
was proper and no change is warranted.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Accordingly, your
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
NAVY | BCNR | CY1999 | 02900-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 9 December 1996, the Naval Discharge Review Board denied your request for changes in the characterization of service and the reason for discharge.
NAVY | DRB | 1999_Navy | ND99-01074
I request that the board please review my service records & note that I was given an Honorable Discharge in May of 93. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 870824 - 930510 RELAD Inactive: USNR (DEP) 861230 - 870823 COG USNR-R 930511 - 941029 HON Period of Service Under Review :Date of...
NAVY | DRB | 2000_Navy | ND00-00273
In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. I was just discharged. 930528: Applicant declined alcohol Level III treatment.930611: Commanding officer directed discharge honorable by reason of alcohol abuse rehabilitation failure.
NAVY | DRB | 1999_Navy | ND99-01043
Treatment recommendation - CAAC out-patient treatment program (Level II) and AA meetings two times weekly.920123: NAVDRUGLAB, GLakes, IL: Urinalysis sample taken on 09Jan92, received by lab on 14Jan92, applicant positive for cocaine/marijuana.920206: NJP for violation of UCMJ, Article 112a(2 specs) wrongful use of cocaine on or about 06DEC91 to 06Jan92 and wrongful use of marijuana on or about 06DEC91 to 06Jan92.Award: Forfeiture of $457.50 per month for 2 months (1 months suspended for six...
NAVY | DRB | 2005_Navy | ND0501327
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Only the service and medical records was reviewed. The applicant states that the urinalysis vial had his name, an incorrect SSN# (his friend), and his request to take another test was denied by the Command.
NAVY | DRB | 2005_Navy | ND0500965
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19891117 - 19891217 COG Active: USN 19891218 – 19950511 HON Period of Service Under Review :Date of Enlistment: 19950512 Date of Discharge: 19980924 Length of Service (years, months, days):Active: 03 04 13 (Does not...
NAVY | DRB | 1999_Navy | ND99-00871
Member signed page 13 accepting Level III treatment for drug abuse. Service member will be administratively separated after completion of Level III treatment for both alcohol and drugs. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).In response to applicant’s issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed...
NAVY | DRB | 1999_Navy | ND99-00527
The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Drug Abuse, authority: NAVMILPERSMAN, Article 3630620.The NDRB did note an administrative error on the original DD Form 214. A second Board was convened; however, due to the senior member's failure to follow proper Board procedures during the hearing the Board's results were also invalidated. It is my further recommendation that the be separated under Other Than Honorable conditions as the result of his positive...
NAVY | DRB | 2005_Navy | ND0500799
ND05-00799 Applicant’s Request The application for discharge review was received on 20050406. The Applicant requests that his characterization of service received at the time of discharge be changed to honorable. The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:Secretary of the Navy Council of Review Boards
NAVY | DRB | 1999_Navy | ND99-00772
ND99-00772 Applicant’s Request The application for discharge review, received 990514, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to administrative. Although you must have an Honorable Discharge to receive the benefits, I believe that I did have honorable service for 3 1/2 of my 4 years in the Navy. Although you must have an Honorable Discharge to receive the benefits, I believe...