DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 13156-09
3 September 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 1 September 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 18 September 1981 at age 25. On 30 April 1983, you
received nonjudicial punishment (NJP) for three instances of
wrongful use of marijuana. On 6 June 1984, you were convicted by
special court-martial (SPCM) of two instances of wrongful use of
marijuana. On 7 June 1984, you were the subject of a psychiatric
evaluation during the evaluation you stated in part that your
marijuana use occurred during alcohol blackouts and that you
drank to intoxication on a nearly daily basis. It was also
stated in part that you were most likely an alcoholic, physically
and psychologically addicted to alcohol and psychologically
dependent on marijuana use. After your NJP, you were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 2 July 1984, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 25 July 1984 you were so
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
these factors were not sufficient to warrant recharacterization
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 official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
NAVY | BCNR | CY2010 | 01935-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. On 13 October 1983, you received your third NJP for an additional UA period. On 27 January 1984, you received the OTH discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2011 | 00217-11
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 6 November 1984, you received the OTH discharge due to misconduct drug abuse (use). Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two NUP’s for misconduct, and drug abuse (use).
NAVY | BCNR | CY2013 | NR2474-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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. ‘Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 03787-09
R 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 | 00042-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 042-10 12 October 2010 ee. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. @pnsequently, 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 | 09268-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 2010. On 26 April 1983, you were notified that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) discharge for 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 error...
NAVY | BCNR | CY2010 | 01392-10
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. On 2 March 1984, you were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct...
NAVY | BCNR | CY2010 | 00023-10
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 naval record, and applicable statutes, regulations, and policies. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct.
NAVY | BCNR | CY2008 | 09978-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. You were also counseled regarding this offense and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. On 8 January 1985, you had NJP for use of marijuana.
NAVY | BCNR | CY2011 | 02425-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 2011. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to 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 error or injustice.