DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11635-09
5 August 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 4 August 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
11 March 1982, at age 23. On 13 September 1982, you received
nonjudicial punishment (NJP) for wrongful possession of marijuana
and introduction of it onboard your ship. After your first NUP,
you were counseled and warned that further misconduct could
result in administrative separation. On 18 April 1984, you were
convicted by a summary court-martial (SCM) of four incidents of
being in an unauthorized absence (UA) status, wrongful possession
of marijuana paraphernalia and the wrongful use of marijuana.
You were sentenced to forfeitures of $300, reduction in pay grade
and 30 days confinement at hard labor.
On 7 May 1984, administrative discharge action was initiated by
reason of misconduct. On 10 July 1984, your case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an under other than honorable discharge due to
misconduct for drug abuse. Your commanding officer concurred
with the ADB’s recommendation and forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of misconduct for drug abuse. On 25 October 1984, you were
so discharged. At that time you were assigned an RE-4
reenlistment code.
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 found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge given your record of one
NJP, SCM conyiction, and the fact that you were counseled and
“warned of the consequences of further misconduct. An RE-4
reenlistment code is required when an individual is discharged
due to misconduct such as drug abuse. 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 \D4 tbr
NAVY | BCNR | CY2010 | 00465-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 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 24 September 1984, you were so discharged.
NAVY | BCNR | CY2012 | 00207 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. On 9 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | 00090-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 090-10 12 October 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. 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. You...
NAVY | BCNR | CY2008 | 06952-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. On 14 May 1984, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 02277-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. 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 | NR303 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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. Administrative discharge action was initiated by reason of misconduct due to wrongful drug use.
NAVY | BCNR | CY2009 | 01733-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. 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 | CY2007 | 03814-07
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 January 1982 the discharge authority directed discharge under honorable conditions by reason of 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 | CY2009 | 02486-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. 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 | CY2010 | 06418-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 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...