DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05160-09
19 April 2010
Da lion
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 14 April 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 on 23 February 1989, and served without
disciplinary incident until 11 September 1989, when you received
nonjudicial punishment (NJP) for the use of a controlled
substance (marijuana). Shortly thereafter, on 2 October 1989,
you received another NJP for the illegal use of a controlled
substance (cocaine). Therefore, you were recommended for
administrative separation with an other than honorable (OTH)
discharge due to your misconduct, and you exercised your right to
request an administrative discharge board (ADB). The ADB voted
to separate you due to your misconduct with a general discharge.
The separation authority approved the recommendation and on 22
March 1990, you were separated with a general discharge and an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to the seriousness of
your misconduct. 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,
Executive
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 | 03811-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 2 November 1989, the separation authority directed an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 02899-09
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. Therefore, you were recommended for separation with an other than honorable (OTH) discharge due to drug abuse, and you exercised your right to request an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the...
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NAVY | BCNR | CY2009 | 04590-09
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NAVY | BCNR | CY2009 | 09320-09
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NAVY | BCNR | CY2010 | 01191-10
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NAVY | BCNR | CY2009 | 03608-09
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NAVY | BCNR | CY2009 | 13313-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your navai record, and applicable statutes, regulations, and policies. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...