DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORRDZ: ecb
2 NAVY ANNEX Docket No. 09890-08
WASHINGTON DC 20370-5100 13 August 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 August 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 enlisted in the Marine Corps on 4 January 1979. During your
active service you had 13 military justice violations resulting
in six nonjudiciai punishments. Your offenses consisted of
unauthorized absence, being absent from duty, incapacitation for
duty due to alcohol and being drunk on duty. Additionally as a
result of an automobile accident you were convicted by civil
authorities of drunk driving and operating a motor vehicle with
a revoked license. Finally, you tested positive for drugs on an
urinanalysis test shortly before discharge. Your record also
shows that you were counseled and warned on numerous occasions
regarding your acts of misconduct, poor performance of duty as
well as alcohol and drug abuse.
In its review of your application the Board concluded that in
view of your extensive disciplinary record your discharge was
proper as issued and should not be changed now as a matter of
clemency. The Board found no merit to your contention you were
denied adequate representation by counsel. To the contrary your
record clearly shows that when you were being processed for
administrative discharge you waived your right to be represented
by a military Lawfer and to a hearing.
‘ ae
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Mt 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,
Executive recttor
NAVY | BCNR | CY2010 | 07595-10
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. Presumably, your statements were taken into consideration at all levels of review, but on 9 October 2009, NPC recommended that you be honorably...
NAVY | BCNR | CY2012 | 00923 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. 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 this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
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 | CY2011 | 00223-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. However, the Board found these factors were insufficient to warrant changing your reentry code due to your two NUP’s, and being an alcohol rehabilitation failure. 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 | 07239-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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. On 8 April 1983, you were counseled regarding your unsatisfactory performance and conduct, advised that the command would assist you with alcohol...
NAVY | BCNR | CY2008 | 06873-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. On 15 January 1983, the discharge authority directed a type warranted by service record discharge due to your alcohol abuse rehabilitation failure.
NAVY | BCNR | CY2002 | 03729-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. injustice were reviewed in accordance with administrative regulations and Board. of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Naval Military Personnel Command On 23 June Prior to your discharge on 23 June 1987, a Veterans Administration (VA)...
NAVY | BCNR | CY2008 | 08822-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 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...
NAVY | BCNR | CY2002 | 03041-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 21 August 1983 the discharge authority then directed an other than honorable discharge by reason of misconduct, and on 31 August 1983 you were so discharged. ...
NAVY | BCNR | CY2008 | 02464-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...