DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11641-09
6 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 Reserve and began a period of active
duty on 30 May 1985. You were released from active duty with an
honorable discharge. On 15 May 1988, you affiliated with your
reserve unit. On 27 May 1988, you provided a sample for a
urinalysis which tested positive for marijuana. On 12 September
1988, you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for 31 days. On 26 October
1988, administrative separation action was initiated by reason of
misconduct due to commission of a serious offense. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 1 November 1988,
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in one
NJP and drug abuse. The Board found that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. The Board noted that the narrative
reason for separation on your DD Form 214 is incorrect because
you were not processed for separation in lieu of trial by court-
martial. However, to correct the record to show that you were
separated by reason of misconduct due to drug abuse would be to
«your detriment, and the Board’s regulations preclude such a
change. 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,
W. DEAN PF
Executive Dil i
NAVY | BCNR | CY2010 | 01078-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 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 #existente of...
NAVY | BCNR | CY1999 | 05201-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 5201-09 2 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 24 March 2010. Your allegations of error and injustice were reviewed in...
NAVY | BCNR | CY2009 | 11533-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2010. On 23 March 1988, administrative separation action was initiated by reason of misconduct for drug abuse. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of one NJP for drug abuse.
NAVY | BCNR | CY2009 | 03728-09
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 | CY2010 | 00557-10
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 20 April 1988, administrative separation action was initiated by reason of misconduct for 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 | 02485-10
AR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2010. On 8 April 1988, your commanding officer concurred with the ADB's finding and recommended that you be discharged under other than honorable conditions by reason of misconduct (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...
NAVY | BCNR | CY2009 | 09659-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 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 were counselled regarding this misconduct and advised that, although you were being retained, any further misconduct, especially drug related...
NAVY | BCNR | CY2010 | 01204-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. 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 | 04412-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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 i5 November 1988, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2009 | 03991-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 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...