Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 11213-06
Original file (11213-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
Washington DC 20370-5100

 SJN
Docket No: 11213-06
18 June 2007







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 June 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 24 February 1983 at age 20. You served well over two years without incident until 19 September 1985 when you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received a forfeiture of pay, a reduction in paygrade, restriction, and extra duty. Additionally, you were placed on your command’s urinalysis program and warned that further misconduct could result in administrative discharge action.
On 18 October you admitted to being drug dependent and were so diagnosed by the counseling and assistance center (CAAC) and the medical department. While awaiting space at an in-patient rehabilitation program, you remained in the urinalysis program. Unfortunately, after you were afforded a 30-day grace period, you continued to test positive for drug use. On 25 February 1986 you received a second NJP for wrongful use of marijuana and administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB).
On 28 February 1986 an ADB unanimously found that you had committed misconduct due to drug use and recommended discharge under other than honorable conditions. Subsequently, your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review. He stated, in part, that you demonstrated no potential for productive service because of your continued use of drugs.
On 30 April 1986 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. You were so discharged on 12 May 1986.


The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and the explanation you provided with your application regarding your drug problem. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your two NJP’s for drug use and the fact that your command provided you with an opportunity for drug rehabilitation and a chance to earn a better characterization of service, but you continued to use drugs. 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,

        

                                                               W. DEAN PFEIFFER
                                                               Executive Director



2

Similar Decisions

  • NAVY | BCNR | CY2006 | 09560-06

    Original file (09560-06.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 2 October 1984 you enlisted in the Navy at age 20. You subsequently attended a substance abuse...

  • NAVY | BCNR | CY2013 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

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

  • NAVY | BCNR | CY2009 | 04598-09

    Original file (04598-09.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. You were counseled and warned that further misconduct could result in administrative discharge processing. 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 | CY2006 | 04802-06

    Original file (04802-06.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 31 October 1980 at age 21 after a prior period of honorable service. On...

  • NAVY | BCNR | CY2011 | 04651-11

    Original file (04651-11.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 February 2012. 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 | 10029-06

    Original file (10029-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 April 2007. 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 | CY2001 | 05830-01

    Original file (05830-01.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. ing and assistance center determined that you were still not drug dependent and scheduled you for a four week outpatient course, beginning in March 1985. tested positive again for marijuana use on an aftercare urinalysis. not heed the warning that further drug abuse could result...

  • NAVY | BCNR | CY2010 | 05128-10

    Original file (05128-10.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 February 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. On 23 March 1989, your Case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable...

  • NAVY | BCNR | CY2008 | 08105-08

    Original file (08105-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 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. On 3 June 1984, the discharge authority directed a discharge by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2006 | 06723-06

    Original file (06723-06.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 2 September 1980 after four years of honorable service. You served...