DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3846-08
16 January 2009
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 14 January 2009. 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.
On 12 April 1983, you reenlisted in the Navy at age 26 after a
prior period of honorable service in the Navy and a general
characterization of active service in the Navy Reserve. On
14 November 1983, you were convicted by a special court-martial
of wrongfully introducing marijuana on board a military base,
and possession and use of marijuana. Your sentence included
reduction in rank, forfeitures of pay, confinement at hard
labor, and a bad conduct discharge (BCD). On 18 October 1984,
your appeal was denied. After the BCD was approved at all
levels of review, on 15 April 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and contention that your discharge resulted from one isolated
incident in ten years. Nevertheless, the Board concluded that
these factors and contention were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your drug-related misconduct. Furthermore, although your BCD
resulted from a conviction by a court-martial, the record does
show that you had other disciplinary actions during your first
enlistment in the Navy Reserve. 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.
The Board noted that as a result of your prior period of
general and honorable characterization of service, you may be
eligible for veterans' benefits. You should contact the
nearest office of the Department of Veterans Affairs if you
desire clarification about your eligibility for those benefits.
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,
\5 \
W. DEAN
Executive
tor
NAVY | BCNR | CY2008 | 05930-08
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. The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, regret for your misconduct, substance abuse, and period of honorable service. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2008 | 04935-08
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. The Board noted that as a result of your prior honorable service, you may be eligible for veterans' benefits.
NAVY | BCNR | CY2008 | 04254-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. On 18 October 1983, you had NUP for use of marijuana.
NAVY | BCNR | CY2008 | 04916-08
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. In connection with this processing, you acknowledged that separation could result in an other than honorable (OTH) discharge and elected to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2008 | 03575-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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 | CY2008 | 04928-08
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. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.
NAVY | BCNR | CY2009 | 05015-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 September 2009. 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. 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 | 00573-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2007. 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 | 08363-08
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 22 September, 5 October, and 10 October 1983, your urinalyses tested positive for marijuana. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.
NAVY | BCNR | CY2008 | 00440-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after...