DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 oo
JRE
Docket No. 09291-07
29 July 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 24 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 policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 1 August 1979.
A medical record entry dated 1 September 1981 indicates that you
had begun using marijuana while in boot camp, and that you
stated that using marijuana relaxed you, especially when you
felt “hyper”. You underwent a pre-separation physical
examination on 24 February 1982, and were found physically
qualified for separation. You were discharged under other than
honorable conditions on 11 March 1982 by reason of
misconduct/drug abuse, based on your repeated wrongful use of
Marijuana, for which you received nonjudicial punishment on two
occasions, and were convicted by summary court-martial.
The available records do not corroborate your contention to the
effect that you began using marijuana as a result of having been
“molested” in boot camp. In addition, you have not demonstrated
that you were unfit for duty by reason of physical disability.
Accordingly, and as you have not demonstrated that it would be
in the interest of justice for the Board to upgrade your
discharge, 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 R
Executive D or
NAVY | BCNR | CY2007 | 09291-07
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Navy on 1 August 1979. A medical record entry dated 1...
NAVY | BCNR | CY2008 | 00309-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. The Board could not find any indication in your naval record that you suffered from a significant mental disorder. 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.
NAVY | BCNR | CY2001 | 06992-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2001. 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 | 00070-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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 | 10576-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. 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 | 02669-08
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 6 November 1984, you were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 01782-09
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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 8 duly 2009, a copy of which is attached. A thorough review of = and the records at this Headquarters revealed tha ie served as a member of the reserves from May 18, 1988, to August 20, 1995...
NAVY | BCNR | CY2009 | 02241-09
A, ; A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 1 October 2009. You were discharged under other than honorable conditions on 24 January 1985, by reason of your frequent. ‘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 | CY2011 | 03306-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. As a result of the foregoing, you were processed for an administrative separation by reason of misconduct due to 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.