DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 02598-09
4 November 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 3 November 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, reguiations,
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
29 May 1984 at age 22. On 17 July 1984, you received nonjudicial
punishment (NUP) for wrongful use of cocaine. You received a
reduction in paygrade and a forfeiture of pay.
On 25 July 1984, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
waived: your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
6 September 1984, you received a second NJP for larceny. You
received a forfeiture of pay and restriction.
On 7 September 1984, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
4 October 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged. on 15 October 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and belief that your characterization of
service would be upgraded after two years. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in two NUP’s, one of which was for drug use.
Further, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, you are advised that there is no provision
in law or Navy regulations that allow for recharacterization of
service automatically after two years or due solely to the
passage of time. 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,
5
W. DEAN
Executive otor
NAVY | BCNR | CY2008 | 09661-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 22 March 1984, administrative discharge action was initiated by reason of misconduct due to drug abuse. On 8 May 1984 you were so discharged.
NAVY | BCNR | CY2008 | 03165-08
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 12 April 1984, the separation authority directed an other than honorable discharge by reason of misconduct and, on 20 April 1984 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2010 | 06684-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 | 08862-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | CY2008 | 08120-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2009. 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. 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 | CY2009 | 01318-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 Juiy 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. Shortly thereafter, on 10 January 1985, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2010 | 06732-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 | CY2007 | 07798-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 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. Subsequently, on 15 October 1984, you received an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2008 | 07538-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. On 7 December 1984 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern 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 | CY2008 | 08218-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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...