DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4771-99
20 June 2000
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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.
The record shows that you then served
The Board found that you enlisted in the Marine Corps on 12
December 1988 at age 19.
for several years without incident.
nonjudicial punishment on four occasions.
absences from your appointed place of duty, missing the movement
of your unit, breaking restriction and disobedience.
your third NJP you were diagnosed as an alcohol abuser and were
recommended for a Level II Alcohol Abuse Treatment Program.
However, no action was taken on this recommendation.
that you were subsequently again recommended for the Level II
program after a drunk driving incident.
Following
During 1991 you received
Your offenses were two
It appears
On 10 July 1992 the Navy Drug Laboratory reported a positive
urinalysis for cocaine.
II program.
dependent and were recommended for a Level III inpatient program.
On 22 September 1992 you received your fifth nonjudicial
The punishment included
punishment for use of cocaine.
forfeitures of pay and a reduction in rank to PFC (E-2).
That same day you were diagnosed as being alcohol
On 17 July 1992 you completed the Level
Based on your use of cocaine you were processed for an
administrative discharge.
you elected to waive your right to have your case heard by an
administrative discharge board.
authority approved the recommendation of your commanding officer
that you be discharged for misconduct with a discharge under
It was also directed that you
other than honorable conditions.
be provided Level III alcohol rehabilitation prior to discharge.
In connection with this processing,
On 14 October 1992 the discharge
On 29 December 1992 you 'received your sixth nonjudicial
The
punishment for wrongfully communicating a bomb threat.
punishment included forfeitures of pay and a reduction in rank
which was suspended.
evacuated to a Department of Veterans Affairs treatment facility
for Level III alcohol rehabilitation.
other than honorable conditions on 26 February 1993.
On 4 January 1993 you were medically
You were discharged under
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and documented alcohol abuse problem.
application that since discharge you have completed an alcohol
abuse program and have made a good post service adjustment.
contend that if your alcohol dependence had been identified and
treated in a timely manner,
your enlistment.
you would have been able to complete
such as your period of good
You state in your
You
The Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your record of misconduct and especially the last two nonjudicial
punishments for serious offenses. The Board was aware that
alcohol abuse is not an excuse for misconduct, and disciplinary
action is appropriate following alcohol related misconduct. In
addition regulations do not preclude discharge processing for
individuals who have been diagnosed as alcohol dependent.
Board concluded that the discharge was proper as issued and no
change is warranted.
The
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
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
2
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
NAVY | BCNR | CY2010 | 00546-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2010. However, the SARP at Corpus Christi Hospital and your command Drug and Alcohol Program Assistant (DAPA) Ggtermined that you were an alcohol rehabilitation failure and it was recommended that you be separated for not complying with the Peonmended treatment. On 27 February 2008, your case was heard by an administrative discharge board (ADB), which...
NAVY | BCNR | CY2008 | 02458-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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. You were assigned a reentry code of RE-4, On 3 November 1993 the Bureau of Naval Personnel informed your command that you did not qualify for...
NAVY | DRB | 2005_Navy | ND0500213
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 890113: Applicant briefed on Navy’s policy of drug and alcohol abuse.890701: Applicant signed USN Drug Abuse Statement of Understanding. 910913: An Administrative Discharge Board, based upon preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge...
NAVY | BCNR | CY2012 | 06760 12
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. You enlisted in the Navy and began a period of active duty on 15 May 1987. 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.
NAVY | BCNR | CY2002 | 10212-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2003. 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. Further, an RE-4 reenlistment code is required wher Nevertheless, the Board concluded these On 29 April 1992 your On 4 June 1992 the It further...
NAVY | BCNR | CY2009 | 01318-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 Juiy 2009. 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. Shortly thereafter, on 10 January 1985, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
NAVY | DRB | 2000_Navy | ND00-00834
My discharge Under Other Than Honorable Conditions is inequitable based on the recommendation of Dr. J. D_, MD, Drug/Alcohol Screening Evaluation of 21 October 1993 at the Naval Hospital, Lemoore, CA. this alcohol related incident, a previous civilian DUI arrest, treatment for alcohol abuse at Level II (CV-60) in May 1993 and he was diagnosed as alcohol dependent by a medical officer on 21 Oct 1993. No relief based on this issue.In response to the applicant’s issue 3, the applicant had an...
NAVY | BCNR | CY2001 | 02266-01
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 2001. Since you have been treated no differently than others discharged for that reason, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code. 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.
NAVY | DRB | 2000_Navy | ND00-00707
851126: Medical evaluation for alcohol abuse found the applicant to be alcohol dependent. 860408: Drug and Alcohol Abuse Report: Cocaine abuse, less than monthly Feb86, ashore off duty. I recommend that Petty Officer (applicant) be discharged from the Naval Service with an Other Than Honorable Discharge.
NAVY | BCNR | CY2000 | 05769-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2001. 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. On 26 April 1994 you were notified of proposed administrative separation action by reason of alcohol abuse rehabilitation failure due to your refusal...