Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 01829-03
Original file (01829-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  NAVAL  RECORDS 

2  NAVYANNEX 

WASHINGTON  DC  20370-5100 

FC 
Docket No:  01829-03 
21 August 2003 

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 August 2003.  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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Navy on 5 December 1983. 
You served without incident until 21 November 1985, when you 
received nonjudicial punishment  (NJP) for use of marijuana and 
were awarded restrictinn,  extra duty+  anti a- rduc+,i%W-  paygz&e 
E-2.  On 11 March 1986, a medical officer diagnosed you as being 
psychologically dependent on drugs.  On 20 March 1986 you 
received a second NJP for a 54-day period of unauthorized 
absence, missing ship's  movement, and use of marijuana, and were 
awarded restriction, extra duty, forfeitures of pay, and a 
reduction to paygrade E-1. 

- 

On 30 March 1986, you were notified of administrative separation 
processing and you waived all of your procedural rights.  On 27 
March 1986 the commanding officer recommended an other than 
honorable discharge by reason of misconduct due to drug abuse and 

commission of a serious offense.  On 1 April 1986, the separation 
authority directed that you be separated with an other than 
honorable discharge by reason of misconduct, and that prior to 
discharge, you be offered drug rehabilitation treatment at a 
Veterans Administration (VA) facility.  On 4 April 1986, you 
were offered VA treatment but declined to participate.  On that 
same day, you were discharged under other than honorable 
conditions by reason of misconduct. 

In its review of your case, the Board carefully weighed all 
potentially mitigating factors such as your youth and 
immaturity, and the' length of time that has passed since you 
were discharged from the Navy.  However, the Board found that 
these factors were not sufficient to warrant recharacterization 
of your discharge given your serious misconduct that included 
two counts of drug use, missing ship's movement, and a lengthy 
period of unauthorized absence.  The Board also noted that you 
declined VA in patient treatment when offered it.  Accordingly, 
your application has been denied.  The names and votes of the 
members of the panel will be furnished upon request. 

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.  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, 



Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500627

    Original file (ND0500627.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.920326: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by the Article 87, UCMJ, offense committed during current enlistment, and misconduct due to drug abuse as evidenced by the drug abuse offense committed...

  • NAVY | BCNR | CY2010 | 10995-10

    Original file (10995-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval’ Records, sitting in executive session, considered your application on 19 July 2011. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an administrative discharge 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 | CY2002 | 08200-02

    Original file (08200-02.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 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. On 20 March 2001, you received a third NJP for use and possession of marijuana and were awarded restriction and extra duty, forfeitures of pay,...

  • NAVY | BCNR | CY2010 | 07310-10

    Original file (07310-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 01141-07

    Original file (01141-07.rtf) Auto-classification: Denied

    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.You enlisted in the Marine Corps on 14 March 1986 at age 19 and served without disciplinary incident...

  • NAVY | BCNR | CY2006 | 11269-06

    Original file (11269-06.rtf) Auto-classification: Denied

    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.You enlisted in the Navy on 21 August 1985 at age 22. Based on the information currently contained in...

  • NAVY | BCNR | CY2013 | NR1471 13

    Original file (NR1471 13.pdf) Auto-classification: Denied

    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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use. 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 | 2003_Navy | ND03-01384

    Original file (ND03-01384.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :980830: AWOL from USS BATAAN.981118: Surrendered to TPU Norfolk, VA. Member’s intentions to desert manifest. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.

  • NAVY | DRB | 2006_Navy | ND0600003

    Original file (ND0600003.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION No indication of appeal in the record.021017: Applicant to unauthorized absence at 0530 on 021017.021018: Applicant from unauthorized absence at 0730 on 021018 (1 day/surrendered).021021: NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 021016, tested positive for Amphetamine,...

  • NAVY | BCNR | CY2010 | 11357-10

    Original file (11357-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...