Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08523-06
Original file (08523-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TIR
Docket No: 8523-06

11 July 2007

 

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 11 July 2007. 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 enlisted in the Navy on 27 June 1988 at age 1820 and served
without disciplinary incident until 4 May 1989, when you received
nonjudicial punishment (NJP) for two specifications of wrongful
use of cocaine and marijuana. The punishment imposed was a $698
forfeiture of pay, restriction for 60 days, and reduction to

paygrade E-1.

On 10 May 1989 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).

This recommendation also Stated, in part, that you had admittedly
abused cocaine and marijuana, and that you had no future
potential for further naval service. On 1 August 1989 the
discharge authority approved this recommendation and directed an
other than honorable discharge, and on 18 August 1989 you were so

discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the passage of time, and your post service conduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Accordingly, your application has been denied.

The names and votes of the members of the panel will be furnished
upon request.

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,

Ded

W. DEAN PFE
Executive Dis or

Similar Decisions

  • NAVY | BCNR | CY2006 | 09092-06

    Original file (09092-06.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 reenlisted in the Navy on 9 September 1986 after four years of prior honorable service. On 8...

  • NAVY | BCNR | CY2006 | 09210-06

    Original file (09210-06.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.On 20 October 1983 you reenlisted in the Navy at age 22 after a period of prior honorable service. On...

  • NAVY | BCNR | CY2008 | 09401-08

    Original file (09401-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2008 | 07886-08

    Original file (07886-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your...

  • NAVY | BCNR | CY2008 | 08822-08

    Original file (08822-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 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 correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2013 | NR4099-13

    Original file (NR4099-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application’ on 26 March 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 probable...

  • NAVY | BCNR | CY2007 | 03438-07

    Original file (03438-07.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 7 August 1986 at age 23. On 26 July 1989, you received a second NJP...

  • NAVY | BCNR | CY2009 | 02309-09

    Original file (02309-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. On 15 March 1990 a second ADB recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2007 | 07054-07

    Original file (07054-07.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 6 March 1989 at age 28. At that time you waived your right to consult...

  • NAVY | BCNR | CY2006 | 11133-06

    Original file (11133-06.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 Marine Corps on 18 September 1986 at age 27 and served for nearly two years...