DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8685-07
27 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 21 October 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 enlisted in the Navy on 23 June 1984 at age 18 and served for
nearly a year without disciplinary incident. However, during the
period from 3 May to 20 September 1985, you were in an
unauthorized absence (UA) status on two occasions for two days,
but did not receive disciplinary action. You also received
nonjudicial punishment (NUP) on three occasions for a one day
period of UA, wrongful use of marijuana while aboard your ship,
four specifications of disrespect, failure to obey a lawful
order, using provoking words or gestures, and communicating a
threat.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB). On 15 October
1985 an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. Your
commanding officer also recommended an other than honorable
discharge by reason of misconduct due to drug abuse. On 25
January 1986 the discharge authority approved these
recommendations, and on 3 February 1986, you were so discharged.
At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge and change your
narrative reason for separation and reenlistment code. It also
considered your assertion that the punishment and discharge were
too severe for the offenses you committed, and that you should
have been offered rehabilitation instead of being made an
example. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge or
a change of your narrative reason for separation or reenlistment
code because of your repetitive misconduct, which resulted in
three NJPs and included 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
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 PFE
Executive D or
NAVY | BCNR | CY2006 | 09332-06
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 in] ustice.On 28 January 1983 you enlisted in the Navy at age 21. During the period from 21 February 1984 to 22...
NAVY | BCNR | CY2009 | 12218-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 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 probable...
NAVY | BCNR | CY2007 | 08211-07
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.On 26 October 1985, you enlisted in the Naval Reserve at age 17 with parental consent. On 29 October...
NAVY | BCNR | CY2007 | 03985-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. 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. 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 | CY2005 | 02039-05
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 Marine Corps on 24 October 1983 at age 18. On 1 March 1985 and 4 April 1986, you...
NAVY | BCNR | CY2011 | 04244-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2012. 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 | 08586-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 July 2007. 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 | CY2006 | 09560-06
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 2 October 1984 you enlisted in the Navy at age 20. You subsequently attended a substance abuse...
NAVY | BCNR | CY2007 | 07027-07
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 | CY2009 | 02574-09
A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...