DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3276-08
19 February 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 18 February 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 12 June 1979 at age 18 and served
without disciplinary incident until 24 April 1984, when you
received nonjudicial punishment (NJP) for wrongful use of
Marijuana. Subsequently, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB), the discharge authority directed your commanding officer
to issue you an other than honorable discharge by reason of
misconduct, and on 21 May 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 youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors wer:
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
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,
Executive D2:
NAVY | BCNR | CY2008 | 03165-08
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 12 April 1984, the separation authority directed an other than honorable discharge by reason of misconduct and, on 20 April 1984 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2008 | 09661-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 22 March 1984, administrative discharge action was initiated by reason of misconduct due to drug abuse. On 8 May 1984 you were so discharged.
NAVY | BCNR | CY2009 | 00540-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2009. 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 Marine Corps and received two honorable discharges from 4 April 1972 to 30 July 1981. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2008 | 06952-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 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. On 14 May 1984, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2008 | 04952-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 07538-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. On 7 December 1984 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of 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 | CY2009 | 00107-09
ยข A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2009. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY2008 | 06138-08
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 August 1984, you were also counseled regarding your misconduct, informed where substance abuse assistance was available, and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 01318-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 Juiy 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. Shortly thereafter, on 10 January 1985, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 02467-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2009. 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 material error or injustice.