Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 07332-06
Original file (07332-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
 WASHINGTON DC 20370-5100
                                                                                  CRS
                                                                                 Docket No: 7332-06
                                                                                 18 September 2006







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 September 2006. 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 materia error or injustice.
The Board found that you enlisted in the Navy on 3 January 2004. The record reflects that on 21 March 2005 you were arrested by civil authorities for possession of ecstacy and parking in a handicapped parking area. On 19 May 2005 you received nonjudicial punishment for unauthorized absences totaling 60 days, missing movement on two occasions, dereliction of duty and making a false official statement.
Your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse and commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 17 June 2005 with an other than honorable discharge by reason of misconduct due to drug abuse. At that time, you were assigned a reenlistment code of
RE-4.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that the civil charges were dismissed after your discharge. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or a change in the reason for discharge, given your use of drugs. In this regard, you were processed for separation by reason of misconduct due to drug abuse, and not due to a conviction by civil authorities. Accordingly, even though civil charges were dismissed after your discharge, your command had sufficient evidence to conclude that you committed the underlying misconduct.






Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of your reenlistment code.
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

Similar Decisions

  • NAVY | BCNR | CY2007 | 05727-07

    Original file (05727-07.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. The Board did not consider whether the characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2007 | 07074-07

    Original file (07074-07.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 Navy on 1 December 2004 at age 19. On 4 November 2005 your commanding officer...

  • NAVY | BCNR | CY2008 | 03831-08

    Original file (03831-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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. Consequently, when applying for a correetion of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 11112-07

    Original file (11112-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 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. However, it further noted that a reservist can be administratively separated by reason of misconduct due to drug abuse, such as in your case.

  • NAVY | DRB | 2009_Navy | ND0901268

    Original file (ND0901268.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)19970821 - 19970919Active:19970920 - 2001090220010903 - 2005070620050707 - 20081023 Period of Service Under Review: Date of Enlistment: 20081024Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090330Highest Rank/Rate:OS2Length of Service: Year(s)Month(s)07 Day(s)Education Level:AFQT: 51EvaluationMarks:Performance:5.0(1)Behavior:2.0(1)OTA:...

  • NAVY | BCNR | CY2006 | 02241-06

    Original file (02241-06.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 1 September 2005 at age 17. On 14 September 2005 the discharge authority...

  • NAVY | BCNR | CY2012 | 05686 12

    Original file (05686 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2013. 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 | DRB | 2006_Navy | ND0600988

    Original file (ND0600988.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified: 20050520 Reason for Discharge due to: due to: Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20050520Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date) Recommendation of Commanding Officer (date): Separation Authority (date): COMMANDER, AMPHIBIOUS GROUP TWO (20050616) Reason for discharge...

  • NAVY | BCNR | CY2005 | 06167-05

    Original file (06167-05.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 28 June 2005 at age 21. The Board did not consider whether to change the...

  • NAVY | BCNR | CY2006 | 06295-06

    Original file (06295-06.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 injsutice.On 7 December 1983 you enlisted in the Navy at age 18 and served without incident until 24 August...