DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4060-08
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 5 January 1983, you enlisted in the Navy at age 19. On
1 May 1984, a substance abuse message stated that your urinalysis
was retested, and was positive for marijuana. The message also
stated that you denied use of marijuana. On 3 February 1986, you
began a period of unauthorized absence (UA). On 2 March 1986, while
in a UA status, you were hospitalized as a result of injuries from a
car accident. Your UA status was subsequently terminated. On
2 May 1986, you had nonjudicial punishment (NUP) for the 27 day
period of UA. On 14 May 1986, you were counseled regarding
deficiencies in your performance and conduct and warned that further
infractions could result in disciplinary action or an other than
honorable (OTH) discharge. On 12 June 1986, you received a medical
evaluation which found that you were not dependent on drugs. On
13 June 1986, you had NUP for a brief instance of UA, failure to go
to your appointed place of duty, and use of marijuana.
On 20 June 1986, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse and commission
of a serious offense. In connection with this processing, you
acknowledged that separation could result in an OTH discharge and
waived the right to have your case heard by an administrative
discharge board (ADB). On 26 June 1986, you had NJP for five
instances of missing restriction muster. On 7 July 1986, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to drug abuse.
On 17 July 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for a better discharge, and post service achievements.
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 you were
warned that further infractions could result in an OTH discharge.
The Board also noted that you waived the right to have your case
heard by an ADB, your best opportunity for retention or a more
favorable characterization of service. 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,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2008 | 06162-08
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. During the period 4 April to 10 August 1978, you were in a UA status, a period of about 128 days. On 15 August 1979, the separation authority approved the recommendation and directed an OTH discharge by reason of misconduct due to frequent discreditable involvement.
NAVY | BCNR | CY2008 | 05807-08
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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 06540-08
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 April 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 service due to the seriousness of...
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 | CY2007 | 10216-07
On 2 December 1991, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 August 1992, you were so discharged.
NAVY | BCNR | CY2007 | 10122-07
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. During the period 12 November 1982 to 18 February 1983, you had three NUP's. 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 | 02669-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 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. On 6 November 1984, you were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 02730-09
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 20 August 1988, you received NIP for four instances of UA, and failure to go to your appointed placed of duty. On 22 August 1988 you were so discharged.
NAVY | BCNR | CY2008 | 06704-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late husband's 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. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 07886-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your...