DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4498-08
5 February 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
4 February 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 29 June 1984, you reenlisted in the Navy at age 29 after two prior
periods of honorable service. On 5 March 1985, your urinalysis
tested positive for marijuana. On 28 March 1985, you had nonjudicial
punishment (NJP) for use of marijuana. On 24 April 1985, you
received a substance abuse evaluation which found that you were not
dependent on drugs. Administrative separation was subsequently
initiated, but was later directed to be reprocessed to afford you
administrative discharge board (ADB) procedures. On 31 May 1985,
your commanding officer initiated administrative separation by reason
of misconduct due to drug abuse. 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
ADB. On 20 June 1985, an ADB convened and found that you were guilty
of misconduct due to drug abuse, and recommended a general discharge.
On 23 August 1985, you had NJP for use of marijuana based on your
urinalysis that tested positive for marijuana. Based on your
continued misconduct, the administrative separation action for which
you were recommended for a general discharge was terminated.
On 29 August 1985, your commanding officer reinitiated administrative
separation by reason of misconduct due to drug abuse. 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 ADB. On 2 October 1985, the separation authority approved the
discharge recommendation and directed an OTH discharge by reason of
misconduct due to drug abuse. On 4 October 1985, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
periods of honorable service, regret for your misconduct, and desire
for an honorable discharge. 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 administrative separation action was initiated.
The Board also noted that your case was initially heard by an ADB,
which recommended a general discharge, but that action was terminated
after you had another NJP for use of marijuana. Administrative
separation action was then reinitiated and you waived the right to
have your case heard by an ADB, which was 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.
The Board noted that as a result of your prior periods of honorable
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,
NAVY | BCNR | CY2008 | 09978-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. You were also counseled regarding this offense and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. On 8 January 1985, you had NJP for use of marijuana.
NAVY | BCNR | CY2013 | NR2474-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. 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 | CY2009 | 04598-09
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. You were counseled and warned that further misconduct could result in administrative discharge processing. 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 | 00396-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 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 probable...
NAVY | BCNR | CY2006 | 10029-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 April 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. 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 | 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 | CY2014 | NR1624 14
Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.-- A. three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2015. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2006 | 05093-06
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.You reenlisted in the Navy on 29 September 1983 at age 21 after a prior period of honorable service. ...
NAVY | BCNR | CY2006 | 04802-06
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.You reenlisted in the Navy on 31 October 1980 at age 21 after a prior period of honorable service. On...
NAVY | BCNR | CY2006 | 09560-06
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 2 October 1984 you enlisted in the Navy at age 20. You subsequently attended a substance abuse...