Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 08548-07
Original file (08548-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

SIN
Docket No: 08548-07

17 September 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 9 September 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.

You reenlisted in the Marine Corps on 31 August 1981 after three
years of honorable service. On 16 September 1982, you were
convicted by special court-martial (SPCM) of two specifications
of possession and selling marijuana. You were sentenced to a
reduction in paygrade, a forfeiture of pay, and confinement at
hard labor. You remained on active duty until 16 December 1983,
when you received nonjudicial punishment (NJP) for wrongful use

of marijuana.

On 17 January 1983, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB).

On 31 January 1984, an ADB unanimously found that you had
committed misconduct due to drug abuse, and recommended discharge

under other than honorable conditions. On 5 March 1984, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review.
On 22 March 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct. On 10 June 1984 you

were so discharged.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in a SPCM conviction and NIP, both of which were
for drug abuse. 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

In this regard, it ig 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,

\p
W. DEAN R
Executive tor

Similar Decisions

  • NAVY | BCNR | CY2007 | 08384-07

    Original file (08384-07.pdf) Auto-classification: Denied

    On 12 December 1984, the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 26 December 1984 your late husband was. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of his discharge because of the frequency of his misconduct, as shown by the two NJP’s, one of which was for drug use, the SPCM conviction for drug use, and his failure to adhere to his command’s drug rehabilitation program.

  • NAVY | BCNR | CY2007 | 08384-07

    Original file (08384-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late husband’s 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.Your late husband reenlisted in the Navy on 8 December 1982 after more than three years...

  • NAVY | BCNR | CY2006 | 04802-06

    Original file (04802-06.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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You reenlisted in the Navy on 31 October 1980 at age 21 after a prior period of honorable service. On...

  • NAVY | BCNR | CY2008 | 06952-08

    Original file (06952-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. On 14 May 1984, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2008 | 00008-08

    Original file (00008-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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 | 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 | CY2009 | 13156-09

    Original file (13156-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 2010. 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 | 08182-07

    Original file (08182-07.pdf) Auto-classification: Denied

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

  • NAVY | BCNR | CY2008 | 00440-08

    Original file (00440-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after...

  • NAVY | BCNR | CY2012 | 01514 12

    Original file (01514 12.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. Shortly thereafter, on 30 April 1984, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by three positive urinalyses, two NJPs for drug use, and civil conviction for DWI. Consequently, when applying...