DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 7994-07
17 September 2008
A three~member panel of the Boar
Records, sitting in executive session, considered your
application on 16 September 2008. Your allegations of error and
injustice were reviewed in accordan
regulations and procedures applicab
Board. Documentary material consid
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
da for Correction of Naval
you were involved in the possession, use,
and sale of illicit drugs. However, on 8 March 1978,
submitted a written statement in which you deni i
dealer, but stated that you had used
enlistment. Shortly thereafter, on 6 April 1978,
returned to military custody, 1
Nonetheless, on 23 May 1978,
authorities of Violation of the Narcotic Control Law of marijuana
purchase and cocaine possession. You were sentenced to forced
labor for 18 months, which was suspended for three years.
On 20 July 1978 you were notified of pending administrative
separation action by reason of misconduct due to civil conviction
and drug abuse. After consulting with legal counsel you elected
to present your case to an administrative discharge board (ADB).
On 24 July 1978 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to civil
conviction. On 4 August 1978 your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct. Subsequently, the discharge authority approved these
recommendations and directed an other than honorable discharge,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to have your
discharge upgraded. It also considered the character reference
letters submitted in support of your case. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Further, no discharge is
automatically upgraded due solely to the passage of time or an
individual’s good post service conduct. 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,
\s
W. DEAN PF
Executive e Xr
NAVY | BCNR | CY2007 | 05815-07
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 26 September 1978 at age 20. Nevertheless, the Board found that these...
NAVY | BCNR | CY2008 | 02601-08
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. On 30 May 1978, you were convicted by a summary court-martial of the 39 day period of UA.
NAVY | BCNR | CY2007 | 03883-07
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 9 September 1977 at age 17 and served for seven months without...
NAVY | BCNR | CY2008 | 05016-08
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 14 December 1979 an ADB recommended separation under other than honorable conditions by reason of misconduct due to civil conviction. 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 | 07617-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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...
NAVY | BCNR | CY2010 | 11683-10
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. However, the record does not reflect the disciplinary action taken, if any, for this misconduct. 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 | 07972-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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...
NAVY | BCNR | CY2006 | 08988-06
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 27 December 1974 you enlistedin the Navy at age 19. Nevertheless, the Board concluded that these...
NAVY | BCNR | CY2007 | 03814-07
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 January 1982 the discharge authority directed discharge under honorable conditions by reason of 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 | 08182-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 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. Shortly thereafter, on 27 June 1983, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.