DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6063-09
30 April 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 21 April 2010. Your allegations of error and
injustice were reviewed 4n 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
24 July 1987 at age 20. On 11 April 1991, you received
nonjudicial punishment (NIP) for wrongful use of marijuana.
On 17 April 1991, 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
22 April 1991, your commanding officer forwarded his
recommendation for discharge under other than honorable (OTH)
conditions for misconduct due to drug abuse. On 18 May 1991, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 31 May 1991 you were 50
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
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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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 | CY2009 | 10384-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2010. On 14 August 1991, the discharge authority concurred and directed an OTH discharge 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 | CY2010 | 05258-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2010. On 13 May 1992, you received NUP or wrongful use of Marijuana. 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 | 03848-09
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 12 May 1993 you were so discharged.
NAVY | BCNR | CY2010 | 00320-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 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 | CY2009 | 12595-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2010. You were recommended for separation with an other than honorable discharge (OTH) 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 | CY2010 | 01674-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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. You waived your rights to seek counsel and request an administrative discharge board (ADB).
NAVY | BCNR | CY2009 | 04203-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, consideréd your application on 24 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. Board.
NAVY | BCNR | CY2010 | 01374-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. You waived all of your procedural rights, including your right to an administrative discharge board (ADB).
NAVY | BCNR | CY2008 | 02648-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...