DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6704-08
19 March 2009
This is in reference to your application for correction of your late
husband's 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
18 March 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 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.
On 25 August 1982, your late husband enlisted in the Navy at age
18. On 27 July 1983, he had nonjudicial punishment (NUP) for
assault and was warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge. He
then served without incident until 12 May 1986, when his urinalysis
tested positive for cocaine. On 21 May 1986, a substance abuse
evaluation stated that he was not dependent on drugs. On
28 May 1986, he had NJP for use and possession of a controlled
substance. On 29 May 1986, his urinalysis tested positive for
marijuana.
On 18 June 1986, your late husband's commanding officer initiated
administrative separation by reason of misconduct due to drug abuse.
In connection with this processing, he acknowledged that separation
could result in an OTH discharge and waived the right to have
his case heard by an administrative discharge board (ADB). On
18 June 1986, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of inisconduct
due to drug abuse. On 23 July 1986, he was so discharged.
The Board, in its review of your late husband's entire record and
your applicution, carefully weighed all potential mitigation, such as
his youth and post service achievements. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of his discharge due to the seriousness of his
misconduct. The Board also noted that he waived the right to have
his case heard by an ADB, which was his 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 late husband's 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 | 00420-08
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 9 August 1988, you received a substance abuse evaluation during which you admitted using marijuana about once every other month. 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...
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...
NAVY | BCNR | CY2008 | 04498-08
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 2 October 1985, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to drug abuse. The Board also noted that your case was initially heard by an ADB, which recommended a general discharge, but that action was...
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 | CY2007 | 07802-07
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. Nevertheless, the Board concluded that these factors were not sufficient to warrant changing the RE-4 reenlistment code or recharacterization of your discharge due to the seriousness of your misconduct. Furthermore, regulations do not require a second urinalysis to discharge a member by...
NAVY | BCNR | CY2010 | 05108-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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 August 1988, administrative separation action was initiated by reason of misconduct for drug abuse.
NAVY | BCNR | CY2008 | 04060-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard...
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 | 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 | 06151-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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...