Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 00102-09
Original file (00102-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SJN
Docket No: 00102-09
23 September 2010

 

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 21 September 2010. 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

28 July 1981. The Board found that around 8 September 1981, you
were the subject of an investigation involving pre-service drug
abuse. You admitted to the use of controlled substances prior to
your arrival at recruit training. It was recommended that you be
retained on active duty and warned that further misconduct of
drug use could result in administrative discharge action. On

17 June 1983, a substance abuse report stated, in part, that
after a self-referral, you admitted to abusing cocaine. It was
determined that you were dependent on cocaine, BUT amenable and
eligible for rehabilitation. At that time, you were found to be
motivated, hard working, and had good potential for continued
service. Your command thought you could become a productive
member upon completion of drug rehabilitation. However, on 4
September 1984, you received nonjudicial punishment (NJP) for
disobedience and possessing another service member’s military
identification card. On 8 November 1984, as a result of a
command directed urinalysis, you tested positive for marijuana,
amphetamines, and methamphetamines. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 14 January 1985, you
received a second NUP for two days of unauthorized absence, two
instances of absence from your appointed place of duty,
possession of drug paraphernalia, signing an official record
which was false, and drunk and disorderly conduct. Your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to commission of a serious offense. You
were so discharged on 1 February 1985.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the fact that you were counseled and warned of the
consequences of further misconduct and drug involvement, the
assistance provided to you by your chain of command and drug
rehabilitation center, and the two NJP’s, one of which was for
possessing drug paraphernalia. Finally, the Board noted that you
waived the right to an ADB, your best chance for retention or a
better characterization of service. 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,

W. DEAN ~P
Executive Di ctor

Similar Decisions

  • NAVY | BCNR | CY2008 | 06138-08

    Original file (06138-08.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. On 29 August 1984, you were also counseled regarding your misconduct, informed where substance abuse assistance was available, and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2008 | 09978-08

    Original file (09978-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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 | CY2007 | 10122-07

    Original file (10122-07.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. During the period 12 November 1982 to 18 February 1983, you had three NUP's. 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 | CY2013 | NR787 13

    Original file (NR787 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2011 | 00585-11

    Original file (00585-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2031. 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 | CY2007 | 02384-07

    Original file (02384-07.rtf) 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.On 10 April 1981, you enlisted in the Navy at age 19 and served without incident for more than 34...

  • NAVY | BCNR | CY2013 | NR6681 13

    Original file (NR6681 13.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. Your case was forwarded recommending that you be discharged under other than honorable (OTH) conditions by reason of misconduct. 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...

  • NAVY | BCNR | CY2008 | 00396-08

    Original file (00396-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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 | CY2009 | 09140-09

    Original file (09140-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 2010. 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...

  • NAVY | BCNR | CY2002 | 06149-01

    Original file (06149-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 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. The first notes the 12 May 1984 NJP and your On 7 December 1984 you were notified of pending administrative separation action by reason of misconduct due to drug...