DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SM~A1
Docket No: 2566-05
5 October 2005
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 5
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 24 February 1982 at age 26 after more
than three years of prior service. You then served without incident
for over 11 months, but during- the period from 4 February to 26
April 1983 you received two nonjudicial punishments (NJP’s) for
possession of drug paraphernalia, two instances each of possession of
marijuana and use of marijuana. On 29 April 1983 a drug evaluation
determined that you were not drug dependent but had minimum potential
for further service. On 6 May 1983 you were warned that further
deficiencies in your performance or conduct could result in
administrative separation or disciplinary action. On 8 June 1983
another urinalysis tested positive for marijuana.
Based on the foregoing record, on 18 June 1983 the commanding officer
initiated separation action by reason of misconduct due to drug
abuse. In connection with this processing, you elected to waive the
right to have your case heard by an administrative discharge board
(ADB). On 20 June 1983 you received another NJP for possession and
use of marijuana, based on the positive
urinalysis of 8 June 1983. On 6 July 1983 the discharge authority approved
the recommendation of your commanding officer for an other than honorable
discharge by
reason of misconduct due to drug abuse. You were so discharged on 11 July
1983.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, and your
desire for a better discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your repetitive drug-related misconduct, some of which occurred after
you were warned of the consequences of further misconduct. The Board also
noted that you waived the right to an ADB, your best opportunity for
retention or a more favorable characterization of service. The Board was
also aware of the drug-related misconduct during your first enlistment.
Therefore, the Board concluded that the discharge was proper as issued and
no change is warranted.
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 | CY2006 | 05227-06
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.On 19 May 1980 you reenlisted in the Navy at age 21 after a prior period of honorable service. On 26...
NAVY | BCNR | CY2001 | 04378-01
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. The Board noted that at the time of your reenlistment, you had two years of prior active service and should have been well aware of the consequences of abusing drugs. The Board believed that you were fortunate that CNMPC directed a general discharge since most...
NAVY | BCNR | CY2000 | 06134-00
A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 7 March 2001. * You were advanced to RM3 (E-4), extended your enlistment for an additional period of four months, and served without further incident until 15 March 1982, when you received nonjudicial punishment (NJP) for use of marijuana. Counsel also noted that the senior member of the ADB was not an 0-4 line officer.
NAVY | BCNR | CY2009 | 00102-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 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. It was recommended that you be retained on active duty and warned that further misconduct of drug use could result in administrative discharge action.
NAVY | BCNR | CY2006 | 04802-06
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 reenlisted in the Navy on 31 October 1980 at age 21 after a prior period of honorable service. On...
NAVY | BCNR | CY2006 | 05093-06
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 reenlisted in the Navy on 29 September 1983 at age 21 after a prior period of honorable service. ...
NAVY | BCNR | CY2008 | 04916-08
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 | 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.
NAVY | BCNR | CY2012 | 01514 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. Shortly thereafter, on 30 April 1984, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by three positive urinalyses, two NJPs for drug use, and civil conviction for DWI. Consequently, when applying...
NAVY | BCNR | CY2005 | 02867-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2005. The ADB subsequently found that your son had committed misconduct due to drug abuse and recommended that he be separated from the Naval service with an other than honorable discharge. The Board noted that your son was warned after his first drug-related offense that further misconduct could result in administrative separation or disciplinary...