DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07667-08
8 May 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 6 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 18 March 1990, and served without
disciplinary incident until 6 August 1980, when you received
nonjudicial punishment (NUP) for unauthorized absence (UA).
Shortly thereafter, you received the following NUP’s: on 11
February 1981, for the illegal use of a controlled substance
(marijuana); and on 7 October 1982, for UA, in excess of 13 days.
You were recommended for separation with an other than honorable
(OTH) discharge due to drug abuse. The separation authority
approved the recommendation, and on 9 December 1983, you were
separated with an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. 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,
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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...
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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. Consequently, when applying for a correction of an official naval record, the burden is on the...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2009. Shortly thereaftér,' you received the following NUP’s: on 12 December 1986, for the illegal use of drugs (cocaine) and UA; on 19 February 1987, for UA and failure to obey a lawful order; on 26 February 1988, for UA; on 26 October 1988, for UA, disrespect toward a petty officer, failure to obey a lawful regulation, being drunk on duty, and communicating...
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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.
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