DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 02414-0909
7 January 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 Codé, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 January 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
21 August 1980. at age 17. During the period from 9 January 1981
to 5 August 1983, you received seven nonjudicial punishments
(NUP’s) for possession of hashish, two instances of damaging
government property, two instances of dereliction of duty, four
instances of possession of marijuana, use of provoking words,
breach of the peace, sleeping on post, three instances of
wrongful use of marijuana, possession of drug paraphernalia,
conspiring to distribute marijuana, distribution of marijuana,
three periods of unauthorized absence (UA), possessing a weapon,
assault, breaking restriction, and disobedience. Additionally,
after your fourth NUP, you were counseled and warned, that
further misconduct could result in administrative discharge
action. On 26 August 1983, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
a
On 29 September 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 8 October 1983, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 17 October 1983 you were so discharged.
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 found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of seven NUJP’s, the fact that you
were counseled and warned of the consequences of further
misconduct and still committed further offenses. Finally, the
Board noted that you waived the right to an ADB, your best
opportunity 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 PREEFRER
Executive Diy ut §
NAVY | BCNR | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. 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 | 02027-09
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 14 June 1983, administrative discharge action was initiated to separate you by reason of 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 | CY2013 | NR287 13
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. Conseguently, 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 | 02486-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2010. 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 | 04254-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. On 18 October 1983, you had NUP for use of marijuana.
NAVY | BCNR | CY2009 | 05281-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 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. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).
NAVY | BCNR | CY2007 | 06276-07
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 18 February 1984, the discharge authority directed an other than honorable discharge 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 or injustice.
NAVY | BCNR | CY2011 | 03090-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
NAVY | BCNR | CY2010 | 06287-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2013 | NR4019 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. 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...