Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 11242-06
Original file (11242-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~51 00

CRS
                                                                                          Docket No: 11242-06
                                                                                          3 July 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 27 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy Reserve on 14 February 1984. You received two nonjudicial punishments for use and possession of marijuana.
On 15 October 1984 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of drug abuse. When informed of this recommendation, you consulted with counsel and 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 on 8 November 1984 you were discharged with a discharge under other than honorable conditions. Following your discharge, you continued to abuse alcohol and drugs, to include marijuana, barbiturates, cocaine and methamphetamines.






In its review of your application the Board carefully considered your contention that an undiagnosed attention deficit disorder caused your misconduct, but found it insufficient to warrant recharacterizatjon of your discharge, which was based on your use
 of drugs. There is no indication in your record that you suffered from an attention deficit disorder or that your misconduct was caused by an undiagnosed mental disorder. The Board concluded that in any event, the existence of such a disorder would not excuse your 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,


                                                                W. DEAN PFEIFFER
                                                                Executive Director

Similar Decisions

  • NAVY | BCNR | CY2001 | 03411-01

    Original file (03411-01.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 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Therefore, the Board Regulations allow for the assignment of an RE-4 reenlistment code when an individual is separated by reason of erroneous enlistment, and such a code is normally assigned when the underlying reason...

  • NAVY | BCNR | CY2009 | 02574-09

    Original file (02574-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2009 | 11897-09

    Original file (11897-09.pdf) Auto-classification: Denied

    , 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. When informed of that recommendation, you waived the right to present your case to an administrative discharge 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 | 1999_Navy | ND99-01020

    Original file (ND99-01020.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 951024 - 960505 COG Period of Service Under Review :Date of Enlistment: 960506 Date of Discharge: 981015 Length of Service (years, months, days):Active: 02 05 10 Inactive: None PART III – RATIONALE FOR DECISION AND...

  • NAVY | BCNR | CY2008 | 00572-08

    Original file (00572-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 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. 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 | CY2014 | NR12070 14_Redacted

    Original file (NR12070 14_Redacted.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 March 2015. 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, in its review of your entire record and application with supporting documentation, carefully weighed all potentially mitigating factors,...

  • NAVY | BCNR | CY2008 | 07660-08

    Original file (07660-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 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. 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 | CY2014 | NR12070 14

    Original file (NR12070 14.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 March 2015.. Asa result, you were processed for an administrative separation by reason of misconduct due to drug under other ‘than honorable conditions by reason of misconduct due to drug abuse, which was in direct Gisregard to the Navy's ‘Zero Tolerance’ Policy, and conviction by civil authorities for possession of marijuana. Consequently, when applying for a...

  • NAVY | BCNR | CY2010 | 13798-10

    Original file (13798-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2011. 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 of injustice. Subsequently, you were processed for an administrative separation by reason of convenience of the government due to your diagnosed depressive disorder,...

  • NAVY | BCNR | CY2012 | NR7709 12

    Original file (NR7709 12.pdf) Auto-classification: Denied

    Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2033 Your allegations of error and injustice were reviewed in accordance with administr regulations and procedures applicable to the proceedings of this Board. In this regard, it noted that at some time after marijuana is used, x nanograms of THC metabolites will be present in the user’s urine, and that that amount will diminish over time until the...