Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07802-07
Original file (07802-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 7802-07
15 May 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 14 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or

injustice.

On 25 April 1986, you enlisted in the Navy at age 20.

On 9 March 1987, you had nonjudicial punishment (NJP) for
driving while intoxicated. You were subsequently diagnosed as
being alcohol dependent and received treatment. On

13 October 1988, your urinalysis tested positive for
amphetamines. On 18 October 1988, your commanding officer
initiated administrative separation by reason of misconduct due
to drug abuse. In connection with this processing, you
acknowledged that separation could result in an other than
honorable (OTH) discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On

19 October 1988, you had NUP for wrongful use of a controlled
substance. On 29 October 1988, the separation authority
approved the separation recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
10 November 1988, you were so discharged and assigned an R

reenlistment code.

tA
I
bs
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contentions that your average
overall trait and military behavior marks precluded you from
receiving an RE-4 reenlistment code and you were not offered a
second urinalysis. Nevertheless, the Board concluded that these

factors were not sufficient to warrant changing the RE-4
reenlistment code or recharacterization of your discharge due to
the seriousness of your misconduct. Regarding your contentions,
according to regulations, overall trait and military behavior
mark averages are not utilized to determine characterization of
service for members who are discharged due to misconduct.
Furthermore, regulations do not require a second urinalysis to
discharge a member by reason of misconduct due to drug abuse.
Finally, the Board noted that you waived the right to have your
case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service. Therefore, the
Board concluded that the discharge was proper as issued and no
change is warranted. 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,

ROBERT D.*\2%SALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2010 | 05108-10

    Original file (05108-10.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 18 August 1988, administrative separation action was initiated by reason of misconduct for drug abuse.

  • NAVY | BCNR | CY2008 | 00396-08

    Original file (00396-08.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 | 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 | CY2008 | 05789-08

    Original file (05789-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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. In connection with this processing, you would have acknowledged that separation could result in an OTH discharge and been afforded the right to...

  • NAVY | BCNR | CY2008 | 08551-08

    Original file (08551-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. 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 | CY2008 | 02648-08

    Original file (02648-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 probable...

  • NAVY | BCNR | CY2008 | 04498-08

    Original file (04498-08.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 2 October 1985, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to drug abuse. The Board also noted that your case was initially heard by an ADB, which recommended a general discharge, but that action was...

  • NAVY | BCNR | CY2008 | 08363-08

    Original file (08363-08.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 22 September, 5 October, and 10 October 1983, your urinalyses tested positive for marijuana. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.

  • NAVY | BCNR | CY2007 | 05858-07

    Original file (05858-07.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 reenlisted in the Navy on 1 April 1988 after six years of honorable service. On 25 November 1988,...

  • NAVY | BCNR | CY2010 | 02485-10

    Original file (02485-10.pdf) Auto-classification: Denied

    AR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2010. On 8 April 1988, your commanding officer concurred with the ADB's finding and recommended that you be discharged under other than honorable conditions by reason of misconduct (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...