Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 10664-08
Original file (10664-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS

Docket No: 10664-08
19 March 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 7 January 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.

The Board found that you enlisted in the Navy on 28 October 2002.
On 10 November 2004 you were convicted by a summary court-martial
of use of amphetamines and methamphetamines. On 15 December 2004
your commanding officer recommended that you be separated from
the Navy with a discharge under other than honorable conditions
by reason of misconduct due to drug abuse. When informed of the
recommendation, you waived your right to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and on 20 April 2005
you were separated with a discharge under other than honorable
conditions.

The Board did not accept your unsubstantiated contention to the
effect that you suffered from posttraumatic stress disorder upon
your return from a deployment to Haiti, and used alcohol and
illegal drugs to control the symptoms of that disorder.

Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to recharacterize your

service, 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,

Similar Decisions

  • NAVY | BCNR | CY2008 | 06250-08

    Original file (06250-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting iri executive session, considered your application on 23 April 2009. It noted that you did not report symptoms of a mental disorder when you applied for reenlistment in 1985, or during your pre-separation physical examination in 1989. 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 | 00840-10

    Original file (00840-10.pdf) Auto-classification: Denied

    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 so discharged and assigned an RE-4 reenlistment code on 13 October 2009. 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 | 04473-08

    Original file (04473-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your applitation 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. That code is often assigned to Sailors discharged because of a mental disorder, and particularly in cases where there is evidence of suicidal ideation.

  • NAVY | BCNR | CY2009 | 07689-09

    Original file (07689-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2009. It concluded that your receipt of disability ratings and a non- service connected pension more than thirty years after you were discharged from the Navy is not probative of your contention that you should have been separated or retired by reason of - physical disability in 1970.Accordingly, your application has been denied. Consequently, when...

  • NAVY | BCNR | CY2010 | 06519-10

    Original file (06519-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. 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 | 07489-08

    Original file (07489-08.pdf) Auto-classification: Denied

    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. The discharge authority directed an honorable discharge by reason of convenience of the government due to a diagnosed personality disorder and on 17 November 1997 you were so discharged and assigned an RE-4 reenlistment code. It also considered your explanation for providing false...

  • NAVY | BCNR | CY2009 | 00515-09

    Original file (00515-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 4 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...

  • NAVY | BCNR | CY2008 | 02070-08

    Original file (02070-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your reenlistment code because of the severity of your...

  • NAVY | BCNR | CY2009 | 08208-09

    Original file (08208-09.pdf) Auto-classification: Denied

    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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2009 | 02644-09

    Original file (02644-09.pdf) Auto-classification: Denied

    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 waived your rights to consult counsel, submit a statement or have your case heard by...