DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11695-08
26 October 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 October 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 and began a period of active duty on
18 April 1980, at age 20. On 13 July 1980, you were convicted by
civilian court for drunk in public. On 26 August 1980, you
received nonjudicial punishment (NOP) for wrongful possession of
a controlled substance, marijuana. 26 August 1981, you received
NIP for offering violence toward a superior commissioned officer
and disobeying a lawful order. You were counseled and warned
that further misconduct could result in administrative discharge
action. On 15 August 1982, you were convicted by summary court-
martial (SCM) for being in an unauthorized absence (UA) status
for a period totaling 88 days. On 6 March 1984, you were
convicted by SCM for an additional UA totaling 64 days and
wrongful use of controlled substances, marijuana and
amphetamines.
On 6 March 1984, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consuit counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 30 March 1984,
you were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge, given your record of one
Civilian conviction, two NJP’s and two SCM convictions, and the
fact that you were counseled and warned of the consequences of
further misconduct, and still committed additional infractions.
The Board also noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
.gservice. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request. oo
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,
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 | CY2009 | 02653-09
A three-membér panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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 1 February 1985, the | separation authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
NAVY | BCNR | CY2012 | 00207 12
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 9 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2009 | 11635-09
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 May 1984, administrative discharge action was initiated by reason of misconduct. On 10 July 1984, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an under other than honorable discharge due to misconduct for drug abuse.
NAVY | BCNR | CY2013 | NR303 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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. Administrative discharge action was initiated by reason of misconduct due to wrongful drug use.
NAVY | BCNR | CY2006 | 02435-06
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 Marine Corps on 29 July 1977 at age 20. On 24October 1979 you were convicted by...
NAVY | BCNR | CY2007 | 08482-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 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,...
NAVY | BCNR | CY2012 | 00904 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 31 January 1983, you were again UA for 20 days with no disciplinary action taken by your chain of command. 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 | CY2010 | 06418-10
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 | CY2006 | 09667-06
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.On 27 August 1979 you enlisted in the Marine Corps at age 17 with parental consent. On 18 August 1981...