DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4220-09
8 March 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 24 February 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
12 August 1988 at age 18. On 23 October 1990, you tested
positive for cocaine as a result of a command urinalysis test.
On 9 November 1990, you received nonjudicial punishment (NJP) for
wrongful use of a controlled substance, cocaine, and purchasing
and consuming alcohol beverages while under the legal drinking
age of 21. On 26 November 1990, 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 20 December 1990, your commanding officer
forwarded his recommendation for discharge under other than
honorable (OTH) conditions for misconduct due to drug abuse.
On 20 December 1990, the separation authority directed an OTH
Gischarge by reason of misconduct due to drug abuse. On 3
January 1991 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overail
record of service, and the character letters accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally, the
Board found 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,
yaar
Executive oO
NAVY | BCNR | CY2008 | 07886-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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 that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your...
NAVY | BCNR | CY2009 | 02309-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. On 15 March 1990 a second ADB recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2010 | 03877-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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. On 9 November 1990, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 03783-09
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. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). 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 | 06168-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 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. On 3 October 1991, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2011 | 03137-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. 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 | CY2011 | 03777-11
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 December 1989, the ADB voted to separate you due to your drug abuse with an OTH discharge. 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 | NR5333 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 14 May 2014. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to 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 | CY2010 | 01842-10
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. On 23 July 1990, you received an under conditions OTH discharge due to misconduct (drug abuse - use), and were assigned an RE-4 (not recommended...
NAVY | BCNR | CY2009 | 03608-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. At that time you were counseled and warned that further misconduct could result in administrative discharge action.