DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 149-08
1 December 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 25 November 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 Navy on 8 April 1981 after nearly four
years of prior honorable service. You continued to serve without
disciplinary incident until 18 March 1982, when you received
nonjudicial punishment (NJP) for destruction of government
property. On 18 October 1982 you received NUP for dereliction of
duty and were awarded restriction and extra duty for 14 days.
On 17 October 1984 you received your third NIP for dereliction of
duty and wrongful use of marijuana. Shortly thereafter, on 5
November 1984, you were notified of pending administrative
Separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 4 December 1984 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. This recommendation stated, in part, that your urine
sample tested positive for marijuana and amphetamines and that
you had no desire to discontinue your drug usage. On 20 December
1984 the discharge authority approved this recommendation, and on
31 December 1984, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and assertion
that you are no longer drug dependent. It also considered your
desire to upgrade your discharge so that you may obtain
employment and a security clearance. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in three NJPs and included
wrongful use of marijuana and amphetamines. Further, the Board
noted you had no desire to discontinue your drug usage while
serving in the Navy. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. 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,
NAVY | BCNR | CY2013 | NR2449-13
R 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 | CY2007 | 09724-07
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.You enlisted in the Navy on 27 April 1982 at age 19. Pursuant to the unanimous recommendation of...
NAVY | BCNR | CY2008 | 02054-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 January 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 | CY2011 | 01070-11
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 | CY2012 | 01514 12
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...
NAVY | BCNR | CY2013 | NR2474-13
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 | 06762-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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...
NAVY | BCNR | CY2013 | NR4990 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive, session, considered your application on 7 May 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 probable...
NAVY | BCNR | CY2006 | 05227-06
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 19 May 1980 you reenlisted in the Navy at age 21 after a prior period of honorable service. On 26...
NAVY | BCNR | CY2007 | 06169-07
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 7 September 1982, you reenlisted in the Naval Reserve at age 27 after a prior period of honorable...