DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2518-01
17 January 2002
Dear
This
nce to your
naval record pursuant to-the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
16 January 2002.
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.
considered your application on
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 enlisted in the Navy on 20 August 1990 for four years at age
18.
Prior to your enlistment, you signed a statement that you
had been advised regarding the Navy's policy on the illegal use
of drugs and the consequences that would result from such use.
The record reflects that you were advanced to MR3 (E-4) and
extended your enlistment for an additional period of 12 months on
3 September 1991.
You served without incident until 1 April 1992 when a Navy drug
laboratory notified the command that the urine specimen you
provided on 11 March 1992 had tested positive for marijuana.
On 9 April 1992 you received a nonjudicial punishment (NJP) for a
two hour period of unauthorized absence and use of marijuana.
Punishment imposed consisted of forfeitures of $425 pay per month
for two months, reduction in rate to
MRF'N (E-3), and 30 days of
extra duty.
strative separation action was being initiated to discharge you
under other than honorable conditions by reason of misconduct due
to use of a controlled substance as evidenced by a positive
urinalysis.
to consult with legal counsel or submit a statement in your own
behalf, and waived the right to present your case to an
administrative discharge board
discharge.
On the same day, you were notified that admini-
You were advised of your procedural rights, declined
You did not object to the
(ADB).
On 14 April 1992 the commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse.
recommendation and directed discharge under other than honorable
conditions and assignment of an RE-4 reenlistment code.
so discharged on 26 May 1992.
The Chief of Naval Personnel approved the
You were
reason for discharge or reenlistment
However, no justification for any such changes could be
The Board noted your contention that the reason for
In its review the Board conducted a careful search of your record
for any mitigating factors which might warrant a change in the
characterization of service,
code.
found.
discharge was improper because it was based on only one incident
However, the Board also noted that at
in 21 months of service.
the time of your enlistment, you were advised of the consequences
of using illegal drugs.
the consequences for such action demonstrated a willful disregard
for the Navy's zero tolerance policy.
the aggravating factor that you waived an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
incident should not ruin a career is without merit.
require the assignment of an RE-4 reenlistment code to
individuals discharged by reason of misconduct due to drug abuse.
The fact that you are now older and more mature does not provide
a valid basis for recharacterizing service or changing a valid
reenlistment code.
reason for discharge and reenlistment code were proper and no
changes are warranted.
denied.
furnished upon request.
The names and votes of the members of the panel will be
The Board concluded that the discharge, the
Accordingly, your application has been
Your use of marijuana despite knowing
Further the Board noted
Your belief that one
Regulations
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the 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
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 03862-01
On 15 August 1993 you were notified that action was being initiated to discharge you for misconduct due to drug abuse. Thereafter, the battalion commander concurred with the On 28 October You were On 16 June 1997 the Naval Discharge Review Board (NDRB) denied your request for an upgrade of your discharge. Board also noted that when the CO notified you were being processed for discharge, recommend a general discharge under other than honorable However, there is no such characterization and...
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 | BCNR | CY2010 | 02174-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 January 2011. 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 25 June 1993 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 09171-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY1999 | Document scanned on Thu Sep 21 09_48_01 CDT 2000
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. 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...
NAVY | BCNR | CY2009 | 01436-09
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 19 November 1992 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. : The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and...
NAVY | BCNR | CY2007 | 07743-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval re ord, and applicable statutes, regulations, and policies. At Ithat time you waived your right to consult with legal counsel an to present your case to an administrative discharge board (ADB)| On 15 April...
NAVY | BCNR | CY2007 | 10761-07
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. In connection with this processing, you acknowledged that separation could result in an other than honorable (OTH) discharge and elected to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2007 | 10761-07
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.On 11 January 1990, you reenlisted in the Navy at age 33 after two prior periods of honorable service....
NAVY | BCNR | CY2001 | 02681-01
On 22 April 1984 you received a second NJP for use of marijuana. Board concluded that these factors and contentions were insufficient to warrant recharacterization of your discharge given your record of two you were well aware of the Navy's drug policy and the adverse consequences that would result if you violated that policy. Board also noted the aggravating factor that you waived the right to present your case to an ADB, show why you should be retained or discharged under honorable conditions.