DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1251-08
12 September 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 10 September 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.
On 19 July 1986, you completed enlistment processing
documents in which you denied using marijuana or narcotics.
On 23 July 1986, you enlisted in the Naval Reserve at age 29
and began a period of active service on 6 August 1986. On
26 August 1986, it appears that you received a medical
evaluation as a result of your accession urinalysis testing
positive for cocaine. During the evaluation you admitted using
Marijuana on three occasions, but denied using cocaine. The
evaluation concluded by finding that you were not drug
dependent.
On 26 August 1986, your commanding officer initiated an entry
level separation by reason of fraudulent entry due to your
failure to disclose pre-service drug abuse. In connection with
this processing, you acknowledged the separation action and did
not object to discharge. On 2 September 1986, the separation
9 September 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your desire
to change the reason for separation. The Board also considered
your belief that you were discharged as a result of an
undisclosed medical condition that you had no knowledge of
before enlistment. Nevertheless, the Board concluded that these
factors and belief were not sufficient to change your reason for
discharge. In this regard, the record shows that you were
discharged by reason of fraudulent entry due to your failure to
disclose pre-service drug abuse. The Board also noted that you
acknowledged the separation action and indicated that you did
not object to discharge. Therefore, 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,
NAVY | BCNR | CY2007 | 05540-07
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. Nevertheless, the Board concluded that these factors were not sufficient to warrant changing the reason for separation since your record clearly shows that during the enlistment processing you disclosed another civil offense that was dismissed, but failed to disclose possession of marijuana...
NAVY | BCNR | CY2009 | 11151-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 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 | CY2009 | 12864-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 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...
NAVY | BCNR | CY2006 | 06885-06
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. Such a code is required when Sailors are separated due to misconduct. 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 | CY2006 | 10625-06
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 6 September 1984 you enlisted in the Marine Corps at age 19. On 9 July 1985 you were counseled...
NAVY | BCNR | CY2002 | 01541-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. must receive a fully honorable characterization of service in order to receive benefits. Based on the foregoing, you are neither eligible to receive basic educational benefits nor are you eligible to receive a refund of the...
NAVY | BCNR | CY2014 | NR4134 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 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 | CY2010 | 10211-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 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 | DRB | 2005_Navy | ND0501214
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 149 Letter to Applicant from Board for Correction of Naval Records, dtd June 20, 2005 Applicant’s DD Form 214 Letter from Polk County, Juvenile Probation Officer, dtd April 6, 2000 PART II - SUMMARY OF SERVICE Prior...
NAVY | BCNR | CY2009 | 07663-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 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. You waived your right to an administrative discharge board (ADB).