Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 09465-07
Original file (09465-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



TRG
         Docket No: 0 9465-07
         5 June 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 28 May 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.
You enlisted in the Navy on 6 December 1983 at age 18. On 4 March 1985 you received nonjudicial punishment for use of marijuana. On 10 October 1985 the Navy Drug Laboratory reported that you had tested positive for use of marijuana. Based on the foregoing incidents of drug abuse, you were processed for an administrative discharge. An administrative discharge board (ADB) met on 2 December 1985 and unanimously found that you had committed misconduct due to drug abuse. A majority of the ADB members recommended discharge under other than honorable conditions. The dissenting member felt that probable cause for imposition of a urinalysis did not exist. However, on 5 December 1985, the Navy Drug Laboratory reported that you had again tested positive for use of marijuana. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 28 January 1986.







In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, initial period of good service and your contention, in effect, that the discharge was too harsh given your inability to adjust to military life. The Board found that these factors and contention were not sufficient to warrant recharacterizatjon of your discharge given your repeated instances of drug abuse. Additionally, regulations in effect at the time of your service and in effect now require discharge processing when an individual is found to be a drug abuser. The Board concluded that the discharge was proper as issued and no change is warranted.

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 PFIEFFER
Executive Director


Similar Decisions

  • NAVY | BCNR | CY2002 | 10192-02

    Original file (10192-02.doc) Auto-classification: Denied

    A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2003. 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 28 September 1985, the commanding officer recommended that you be separated with an administrative separation by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2013 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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 | 07032-10

    Original file (07032-10.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 29 November 1985, the ADB unanimously recommended separation with an other than honorable (OTH) discharge 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...

  • NAVY | BCNR | CY2009 | 04598-09

    Original file (04598-09.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. You were counseled and warned that further misconduct could result in administrative discharge processing. 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 | CY2001 | 05830-01

    Original file (05830-01.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. ing and assistance center determined that you were still not drug dependent and scheduled you for a four week outpatient course, beginning in March 1985. tested positive again for marijuana use on an aftercare urinalysis. not heed the warning that further drug abuse could result...

  • NAVY | BCNR | CY2010 | 12201-10

    Original file (12201-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 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 | 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 | 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 | CY2011 | 01070-11

    Original file (01070-11.pdf) Auto-classification: Denied

    BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2002 | 03659-02

    Original file (03659-02.pdf) Auto-classification: Denied

    The record On 30 July 2001 you appealed the NJP based on an investigation into the chain of custody of the urine samples, and a negative analysis of a hair sample you submitted to a private laboratory after the NJP. The Board concurred With regard to your contentions pertaining to the chain of custody of the urine samples, sample, the Board concurred with the remarks in the commanding officer's endorsement of your NJP appeal to the effect there was no chain of custody problem with analysis...