DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09011-08
25 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 24 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.
You served on active duty in the Navy from 23 November 1987
until 14 November 1991 when you were honorably discharged. You
reenlisted on 15 November 1991 for four years. Your age at the
time of reenlistment was 29. Although you were thoroughly
familiar with the Navy’s long standing zero tolerance drug
policy you received nonjudicial punishment on 22 September 1994
for wrongful use of drugs. When you were informed that you were
being recommended for administrative separation with an other
than honorable discharge (OTH) due to drug abuse you waived your
right to a hearing where with the assistance of a military
lawyer you could have argued for retention or a better discharge
than the OTH. On 21 November 1994 you received your OTH.
In view of the seriousness of your misconduct which occurred
after you were fully informed of the Navy’s drug policy, as well
as your willingness to accept an OTH as evidenced by your waiver
to a hearing, the Board concluded that your discharge was proper
as issued and should not be changed now as a matter of clemency.
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,
‘ te PF
Executive D xr
Enclosure
NAVY | BCNR | CY2010 | 11465-10
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 7 September 1994, you were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 01495-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. Therefore, you were recommended for separation with an other than honorable (OTH) discharge due to your misconduct and conviction at a SPCM. 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 | 09361-08
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 16 October 1991, you _ were notified of pending administrative separation action for 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.
NAVY | BCNR | CY2008 | 08755-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval and medical records, and applicable statutes, regulations and policies. On 24 April 1992, you received an OTH discharge for misconduct due to drug abuse, and were assigned an RE-4 reenlistment code. 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 | 04755-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2009. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge, a change to your separation or reenlistment code because of the seriousness of your misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2008 | 09025-08
A three-member panel of the Board for Correction of Naval Records, sitting'in executive session, considered your application on 1 July 2009. 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 burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 04778-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2009. Furthermore, on 21 February 1992, you received another NJP for illegal use of a controlled substance and an unauthorized absence. 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 | CY2012 | 04035-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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 14 April 1994, administrative separation action was initiated by reason of misconduct (drug abuse).
NAVY | BCNR | CY2010 | 11490-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August.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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use.
NAVY | BCNR | CY2008 | 04011-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2009. After careful and conscientious consi record, the Board found the evidence 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 applicant to demonstrate the existence of probable material error or injustice.