Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 02361-07
Original file (02361-07.rtf) Auto-classification: Denied
DEPARTM ENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      WASHINGTON DC 20370-5100




JRE
 Docket No. 02361-07
14 February 2008




This is in reference to your application for correction of
 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 14 February 2008. 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 Marine Corps on 6 August 1997. You received nonjudicial punishment on 30 November 1999 for wrongful use of marijuana. On 29 February 2000, an administrative discharge board determined by votes of 3-0 that you had committed misconduct due to drug abuse, and that your separation was warranted. The administrative discharge board unanimously recommended that you be discharged by reason of misconduct/dug abuse, with a discharge under other than honorable condition, and that the execution of the discharge not be suspended. On 21 April 2000, you were discharged in accordance with the approved findings and recommendation of the administrative discharge board.


The Board found that although you sustained significant injuries during your enlistment, you were not entitled to be separated or retired by reason of physical disability because your separation by reason of misconduct took precedence over disability evaluation processing in your case. The Board carefully considered your contention to the effect that you used alcohol to self-medicate the pain caused by your injuries, and that you smoked marijuana as a result of a lapse in judgment which occurred while you were intoxicated, but found it insufficient to warrant corrective action in your case. In this regard, the Board was not persuaded that you lacked mental responsibility, or that your misconduct should be excused by what you maintain are extenuating circumstances of your use of marijuana. The Board was impressed by your postservice good conduct, as well as your remorse over your misconduct, hut was unable to conclude that it would be in the interests of justice for it to upgrade your discharge to general or honorable. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
You are reminded that you have the right to apply to the Naval Discharge Review Board (NNDRB) for upgrade of your discharge; however, the NDRB does not have the authority to change the basis of your discharge to physical disability, or correct the record to show that you were retired by reason of physical disability.
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 | CY2008 | 02961-08

    Original file (02961-08.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 August 2008. Accordingly, your application has been denied. 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 | CY2007 | 09291-07

    Original file (09291-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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...

  • NAVY | BCNR | CY2007 | 09291-07

    Original file (09291-07.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 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 on 1 August 1979. A medical record entry dated 1...

  • NAVY | BCNR | CY2012 | 00251 12

    Original file (00251 12.pdf) Auto-classification: Denied

    On or about 30 June 2005, the Naval Discharge Review Board denied your request for upgrade of your discharge. The available records do not establish that you were unfit for duty by reason of physical disability at the time of your discharge, or that you lacked mental when you committed the offense that resulted in your discharge. 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...

  • NAVY | BCNR | CY2007 | 03845-07

    Original file (03845-07.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 25 July 2000 at age 19. Because you requested discharge in lieu of trial,...

  • NAVY | BCNR | CY2007 | 07956-07

    Original file (07956-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 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 | CY2006 | 09097-06

    Original file (09097-06.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you served active duty in the US Army from 6 August 1985 to 21 November 1991,...

  • NAVY | BCNR | CY2002 | 07565-02

    Original file (07565-02.pdf) Auto-classification: Denied

    Documentary material considered by the Board Your allegations of error and 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 underwent a pre-enlistment physical examination on 19 July 2000. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2007 | 06250-07

    Original file (06250-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. Administrative discharge action was initiated by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2006 | 10135-06

    Original file (10135-06.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband’s naval record ~nd 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 your husband enlisted in the Navy on 28 March 1988. on 27 and 29...