DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8363-08
4 December 2008
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
3 December 2008. 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 March 1983, you reenlisted in the Navy at age 29 after three
prior periods of honorable service. On 18 August 1983, your
urinalysis tested positive for marijuana. On 8 September 1983, you
had nonjudicial punishment (NUP) for disrespect and use of marijuana.
On 22 September, 5 October, and 10 October 1983, your urinalyses
tested positive for marijuana. On 14 October 1983, you had NJP for
two instances of unauthorized absence (UA).
On 14 October 1983, 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 the right to
have your case heard by an administrative discharge board (ADB) as
well as counsel. On 19 October 1983, your urinalysis tested positive
for marijuana. On 10 November 1983, you began a’period of UA. On
5 December 1983, while you were in a UA status, an ADB convened with
your counsel present, found misconduct due to drug abuse and
recommended an OTH discharge. On 11 January 1984, the separation
authority approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse, and Further
authorized an immediate discharge without your return to military
control. On 17 January 1984, while still in a UA status, you were
separated with an OTH discharge by reason of misconduct due to drug
abuse.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth. The
Board also considered your contentions that your urinalyses were
erroneous and you were not given an opportunity to remain in the
Navy. Nevertheless, the Board concluded that these factors and
contentions were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your drug-related misconduct that
continued even after you had NUP for use of marijuana. Further, the
Board noted that although you elected the right to have your case
heard by an ADB, your best opportunity for retention or a more
favorable characterization of service, you were not present when the
ADB convened because you were in a UA status. 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,
Copy to:
The Honorable Bill Shuster
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 | 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 | CY2010 | 08887-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 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. 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 | CY2013 | NR3028-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the fact that you were...
NAVY | BCNR | CY2008 | 02585-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board noted that as a result of your prior period of honorable service, you may be eligible for veterans' benefits. 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 | CY2010 | 00042-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 042-10 12 October 2010 ee. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. @pnsequently, 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 | CY2010 | 06430-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 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. 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 | CY2011 | 00217-11
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 received the OTH discharge due to misconduct drug abuse (use). Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two NUP’s for misconduct, and drug abuse (use).
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 | CY2009 | 10369-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2010. On 9 December 1983, the discharge authority directed an OTH discharge by reason of misconduct due to drug abuse. 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.