DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6246-09
2 June 2010
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 1 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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
injustree.
Prior to your reenlistment in the Navy, you were assigned to
Level II alcohol rehabilitation treatment. On 8 October 1986 you
reenlisted after four years of prior honorable service. You
continued to serve without disciplinary incident until 3 October
1990, when you were convicted by civil authorities of driving
under the influence of alcohol. On 30 October 1990 you received
nonjudicial punishment (NUP) for wrongful possession and use of
cocaine, failure to obey a lawful order, assault, and a one day
period of unauthorized absence.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 5 December
1990 an ADB recommended discharge under honorable conditions by
reason of misconduct due to drug abuse. Shortly thereafter, your
commanding officer, in concurrence with the ADB, also recommended
discharge under honorable conditions by reason of misconduct due
to drug abuse. On 17 December 1990 the discharge authority
approved these recommendations and directed your commanding
officer to issue you a general discharge by reason of misconduct
due to drug abuse, and on 26 December 1990, you were 50
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug and alcohol related
misconduct in both the military and civilian communities.
Accordingly, your application has been denied.
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,
W. DI
Executive D
NAVY | BCNR | CY2009 | 04220-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered 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. On 26 November 1990, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2012 | 06760 12
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 enlisted in the Navy and began a period of active duty on 15 May 1987. 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 | 08387-08
On 21 December 1990, your commanding officer initiated administrative separation by reason of misconduct due to civil conviction, commission of a serious offense, and drug abuse. In connection with this processing, you acknowledged the separation action and that it could result in an other than honorable (OTH) discharge, waived the right to have your case heard by an administrative discharge board (ADB), and submitted a statement in which you stated in essence that withdrawal symptoms from...
NAVY | BCNR | CY2013 | NR1427 13
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 May 1990, you received a second NJP for wrongful use of marijuana. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use.
NAVY | BCNR | CY2009 | 03094-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 5 October 1990, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 04730-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. As a result of this action, you failed the alcohol abuse rehabilitation program.
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 | CY2008 | 02458-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 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. You were assigned a reentry code of RE-4, On 3 November 1993 the Bureau of Naval Personnel informed your command that you did not qualify for...
NAVY | BCNR | CY2013 | NR3612 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 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. On 22 July 1993, you received a third NJP for UA and wrongful use of cocaine.
NAVY | BCNR | CY2009 | 07422-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 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 June 1990, an ADB recommended by majority vote that you be separated with a general discharge for misconduct (drug abuse).