Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 02054-08
Original file (02054-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 2054-08
13 January 2009

 

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 13 January 2009. The names and votes of the
members of the panel will be furnished upon request.

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 enlisted in the Navy on 10 March 1981 at age 19 and began a
period of active duty on 26 March 1981. During the period from 10
December 1981 to 21 June 1982 you received nonjudicial punishment
(NJP) on three occasions and were convicted by summary court-
martial (SCM). Your offenses were failure to obey a lawful
order, three specifications of wrongful possession and use of
cocaine, wrongful use of marijuana, and failure to go to your
appointed place of duty.

On 8 July 1982 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and 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). However, you did submit a written
statement of requesting immediate execution of your discharge.
On 10 August 1982 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and drug abuse. On 12 August 1982 the discharge authority
approved this recommendation, and on 20 August 1982, you were so
discharged.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that procedural
problems existed during the time you were tested for drug usage.
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, SCM, and included wrongful use of marijuana and
cocaine. Further, the Board noted you had no desire to continue
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.

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 | CY2007 | 03814-07

    Original file (03814-07.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 3 January 1982 the discharge authority directed discharge under honorable conditions by reason of 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.

  • NAVY | BCNR | CY2010 | 11286-10

    Original file (11286-10.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable...

  • NAVY | BCNR | CY2011 | 12523 11

    Original file (12523 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2012. 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. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB).

  • NAVY | BCNR | CY2010 | 01575-10

    Original file (01575-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 | CY2007 | 07972-07

    Original file (07972-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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...

  • NAVY | BCNR | CY2013 | NR474 13

    Original file (NR474 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 16 October 2013. After waiving your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. Consequently, when...

  • NAVY | BCNR | CY2002 | 07729-01

    Original file (07729-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 7729-01 13 May 2002 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. sitting in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 7 May 2002. injustice were reviewed in accordance with...

  • NAVY | BCNR | CY2006 | 07996-06

    Original file (07996-06.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 enlisted in the Navy on 11 January 1980 at age 17. on 18 December 1980 you received nonjudicial...

  • NAVY | BCNR | CY2013 | NR497 13

    Original file (NR497 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 16 October 2013. After waiving your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable nature with military authorities and drug abuse. ...

  • NAVY | BCNR | CY2007 | 08482-07

    Original file (08482-07.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 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,...