Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 04598-09
Original file (04598-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 4598-09
12 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 3°March 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 Marine Corps and began a period of active
duty on 19 June 1985 at age 21. On 18 September 1985, you tested
positive for illegal drugs as a result of a command urinalysis.
You were counseled and warned that further misconduct could
result in administrative discharge processing. On 20 September
1985,. you received nonjudicial punishment (NUP) for wrongful use
of marijuana. On 7 October 1985, you tested positive for illegal
drugs as a result of a command urinalysis. You were again
counseled and warned that further misconduct could result in
administrative discharge processing. On 15 November 1985, you
were convicted by summary court-martial (SCM) for wrongful use of
marijuana. On 19 December 1985, you were convicted by 8CM of
wrongful use of marijuana. On 7 February 1986, 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 7 February 1986, your
commanding officer forwarded his recommendation for discharge
under other than honorable (OTH) conditions for misconduct due to
drug abuse. On 28 February 1986, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 17 March 1986 you were so discharged.

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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repeated
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,

Similar Decisions

  • NAVY | BCNR | CY2009 | 12218-09

    Original file (12218-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 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 | CY2013 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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...

  • NAVY | BCNR | CY2006 | 09560-06

    Original file (09560-06.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 2 October 1984 you enlisted in the Navy at age 20. You subsequently attended a substance abuse...

  • NAVY | BCNR | CY2010 | 05647-10

    Original file (05647-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 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 | 11213-06

    Original file (11213-06.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.You enlisted in the Navy on 24 February 1983 at age 20. Unfortunately, after you were afforded a...

  • 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 | CY2006 | 04802-06

    Original file (04802-06.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.You reenlisted in the Navy on 31 October 1980 at age 21 after a prior period of honorable service. On...

  • NAVY | BCNR | CY2006 | 10029-06

    Original file (10029-06.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 April 2007. 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 | 04498-08

    Original file (04498-08.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 2 October 1985, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to drug abuse. The Board also noted that your case was initially heard by an ADB, which recommended a general discharge, but that action was...

  • NAVY | BCNR | CY2006 | 06208-06

    Original file (06208-06.rtf) Auto-classification: Denied

    On 31 October 1986 you received NJP for missing movement, two instances of willful disobedience of a lawful order, and use of an unspecified controlled substance.On 3 November 1986 your commanding officer recommended you for an other than honorable discharge by reason of misconduct due to drug abuse. Finally, there is no evidence in the record to show that you ever requested or were denied treatment for substance abuse. Consequently, when applying for a correction of an official naval...