DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 09074-07
3 November 2008
nett
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 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 and began a period of active duty on
20 August 1984 at age 23. You served without incident until
10 June 1987, when you received nonjudicial punishment (NJP) for
assault, and drunk and disorderly conduct. On 23 November 1987,
you were counseled and warned that further misconduct could
result in administrative discharge action.
On 15 January 1988, you received a second NUP for 17 days of
unauthorized absence (UA). On 22 March 1988, you were found to
be dependent on drugs after you referred yourself for help due to
methamphetamine use. At that time, it was recommended that you
receive treatment at a Navy Alcohol Rehabilitation Center while
awaiting level III treatment. However, on 7 April 1988, you
received a third NUP for a brief period of UA, and wrongful use
of amphetamine/methamphetamine.
On 11 May 1988, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB).
On 24 May 1988, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On 17 June
1988, the discharge authority directed an other than honorable
discharge by reason of misconduct. On 8 August 1988 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth 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
three NJP’s, one of which was for drug use. The Board also noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
\eQenS
W. DEAN PFEIFRER
Executive Directo
NAVY | BCNR | CY2011 | 01157-11
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 7 August 1989 you received NJP for absence from your appointed place of duty. 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 | CY2013 | NR2802-13
A three-member panel of the Board for Correction of Naval © Records, sitting in executive session, considered your application on 12 February 2014. 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 | CY2010 | 01204-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 | CY2012 | 04339-12
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. Additionaily, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2010 | 03627-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. 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...
NAVY | BCNR | CY2008 | 05240-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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 | CY2009 | 02730-09
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 20 August 1988, you received NIP for four instances of UA, and failure to go to your appointed placed of duty. On 22 August 1988 you were so discharged.
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 | CY2010 | 08318-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...