Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 00245-08
Original file (00245-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TRG

Docket No: 245-08
22 August 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 19 August 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 27 May 1987 at age 24. On 16 June
1987 you were dropped from the Nuclear Power Program due to your
admitted preservice cocaine use. On 4 November 1987 you received

nonjudicial punishment for using cocaine while in the Navy.

Based on your drug abuse, you were processed for an
administrative discharge by reason of misconduct. An
administrative discharge board (ADB) met on 4 February 1988 and
found that you had committed misconduct due to drug abuse and

recommended discharge under other than honorable conditions.

On 16 March 1988 you were convicted by a summary court-martial of
a short period of unauthorized absence and failure to go to your
appointed place of duty. On 28 May 1988, the separation

authority directed discharge under other than honorable
conditions. Subsequently, you were an unauthorized absentee for

about five days.

A special court-martial convened on 11 July 1988 and convicted

use of wrongful distribution of cocaine and assault. The
sentence of the court included forfeitures of pay, confinement at

hard labor for five months and a bad conduct discharge. You
began appellate leave in November 1988 and remained in that
Status until the bad conduct discharge was issued on 21 June
1989.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the length of time since
the discharge was issued and your contention that the reason for
your discharge should at least be corrected to show that you were
separated under other than honorable conditions instead of with a
bad conduct discharge. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your record of misconduct and especially
your conviction by a special court-martial of assault and
distribution of cocaine. The Board concluded that the bad
conduct 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,

Similar Decisions

  • NAVY | BCNR | CY2008 | 07887-08

    Original file (07887-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2009. On 1 March 1988, you were counseled regarding deficiencies in your performance and conduct, warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge, and informed where substance abuse assistance was available. On 13 June 1988, you requested an OTH discharge for the good of the service to...

  • NAVY | BCNR | CY2009 | 02574-09

    Original file (02574-09.pdf) Auto-classification: Denied

    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 | 01055-08

    Original file (01055-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 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 | CY2012 | 04889 12

    Original file (04889 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2013. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NJP’s, SPCM conviction of serious offenses, to include wrongful drug use, and the fact that you were aware of the Navy’s policy on drug and alcohol abuse. ...

  • NAVY | BCNR | CY2012 | 04339-12

    Original file (04339-12.pdf) Auto-classification: Denied

    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 | CY2009 | 03534-09

    Original file (03534-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 03534-09 26 February 2010 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 24 February 2010. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2014 | NR1725 14

    Original file (NR1725 14.pdf) Auto-classification: Denied

    A three-member panel, of the Board far Correction of Naval Records, sitting in executive session, considered your application on 3 March 2015. 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 | CY2008 | 05789-08

    Original file (05789-08.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 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. In connection with this processing, you would have acknowledged that separation could result in an OTH discharge and been afforded the right to...

  • NAVY | BCNR | CY2001 | 08187-01

    Original file (08187-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2001. 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. Applicable...

  • NAVY | BCNR | CY2007 | 03822-07

    Original file (03822-07.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 enlisted in the Navy on 8 November 1983 at age 18 and served without disciplinary incident until...