DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 578-05
20 October 2005
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 12 October 2005. 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 evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You reenlisted in the Navy on 15 February 1984 after nearly six years of
prior honorable service. On 15 November 1984 you received nonjudicial
punishment (NJP) for wrongful use of marijuana and were awarded reduction
to paygrade E-4.
Your record reflects that on 11 March 1985 you successfully completed
Level III residential drug rehabilitation. At that time you were notified
that any further drug involvement could result in separation under other
than honorable conditions. Seven months later, on 24 October 1985, you
received NJP for wrongful use of marijuana. The punishment imposed was
reduction to paygrade E-3, restriction and extra duty for 30 days, and a
$828 forfeiture of pay.
Subsequently, you were notified of pending administrative separation
action by reason of misconduct due to drug abuse. After consulting with
legal counsel, you waived your right to present your case to an
administrative discharge board (ADB) in exchange for a recommendation for
a general discharge. On 7
January 1986 your commanding officer recommended a general discharge by
reason of misconduct due to drug abuse. However, the discharge authority
disapproved this recommendation and directed your commanding officer to
reprocess you for separation under other than honorable conditions. As a
result, on 27 January 1986, you were again notified of pending
administrative separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you again waived your right to present
your case to an ADB.
Subsequently, your commanding officer recommended separation under other
than honorable conditions. The discharge authority approved this
recommendation and directed another than honorable discharge, and you were
so discharged on 14 February 1986.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your prior honorable
service, post service conduct, and assertion that your discharge is a
burden because you can not find employment. Nevertheless, the Board
concluded these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive drug
related misconduct. 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,
2
NAVY | BCNR | CY2010 | 06684-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. 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 | CY2007 | 08114-07
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. On 2 September 1986 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 02216-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2010. 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 | CY2007 | 07587-07
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.You enlisted in the Navy on 3 January 1984 at age 21. Your commanding officer recommended an other...
NAVY | BCNR | CY2009 | 12218-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2010. 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 | CY2002 | 04182-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, 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. ...
NAVY | BCNR | CY2008 | 07498-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. It also considered your assertion that you were told that you were being discharged under an “early-out” program and that your discharge would be automatically upgraded six months after your separation from the Marine Corps. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2004 | 09292-04
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 24 October 1980 at age 18. However, on 19 December 1984, the discharge...
NAVY | BCNR | CY2006 | 11109-06
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 23 October 1984 at age 20 and served about four months without...
NAVY | BCNR | CY2013 | NR2474-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. 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...