Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07746-07
Original file (07746-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 7746-07
25 July 2008

 

 

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 2 July 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 Navy on 12 September
1980. You received two nonjudicial punishments for wrongful use
of marijuana. On 16 January 1986 an administrative discharge
board recommended that you be separated from the Navy with a
general discharge by reason of misconduct due to drug abuse.
After review by the discharge authority, the recommendation for
separation was approved, and you received a general discharge on
7 May 1986.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your belief that the
discharge was unfair and that you have had difficulty in finding
employment. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge or a
change in the reason for the discharge, given your involvement
with illegal 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.
Board reconsider its decision upon

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.

You are entitled to have the
submission of new and material

Sincerely,

Similar Decisions

  • NAVY | BCNR | CY2007 | 07746-07

    Original file (07746-07.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 12 September 1980. After review by the discharge...

  • NAVY | BCNR | CY2007 | 04147-07

    Original file (04147-07.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. You reenlisted in the Navy on 14 March 1986 after serving over three years of honorable service. In this regard, an RE-4 reenlistment code is required when a Sailor is discharged due to misconduct.

  • NAVY | BCNR | CY2008 | 01251-08

    Original file (01251-08.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. In this regard, the record shows that you were discharged by reason of fraudulent entry due to your failure to disclose pre-service drug abuse. 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 | 08114-07

    Original file (08114-07.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. On 2 September 1986 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2008 | 00420-08

    Original file (00420-08.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. On 9 August 1988, you received a substance abuse evaluation during which you admitted using marijuana about once every other month. 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 | 04075-07

    Original file (04075-07.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. 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 failure to refrain from drug use after being placed in an alcohol rehabilitation program. Consequently, when applying for a...

  • NAVY | BCNR | CY2007 | 09262-07

    Original file (09262-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2008. On 27 April 1988, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. 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 | 09682-07

    Original file (09682-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2007 | 07027-07

    Original file (07027-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 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 | CY2007 | 02224-07

    Original file (02224-07.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. The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your conviction by...