DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00595-10
4 October 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 21 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 on 9 August 1988, and served without
disciplinary incident until 14 February 1991, when you received
nonjudicial punishment (NUP) for the illegal use of a controlled
substance (marijuana). Therefore, you were recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You exercised your right to request an
administrative discharge board (ADB). Although the ADB voted to
retain you, your commanding officer recommended to the separation
authority to separate you with a general characterization of
service. The separation authority approved the recommendation
and on 1 August 1991, you were separated with a general
characterization of service and an RE-4 (not recommended for
retention) reenlistment code due to misconduct (drug abuse-use).
In January 2010, you petitioned this Board for a change to your
RE-4 reenlistment code. Your record and reenlistment code are
presumed to be correct without any additional information to the
contrary. The Board noted that an RE-4 reenlistment code means
that your commanding officer did not recommend you for retention
due to your drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
to your reenlistment code because of your drug abuse.
‘Accordingly, your, application has been denied. The names and
“yptes 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
ard 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 | 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 | 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 | 00364-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 2010. You waived your rights to consult with counsel and request an administrative discharge board (ADB). 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 | 06715-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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...
NAVY | BCNR | CY2008 | 09361-08
After careful and conscientious consideration of the entire ‘record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. On 16 October 1991, you _ were notified of pending administrative separation action for 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 | 00579-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | 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 | CY2010 | 01658-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2010. You elected to have your case heard by an administrative discharge board (ADB) that found you had committed misconduct, and recommended an OTH discharge. 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 | 07663-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 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 right to an administrative discharge board (ADB).
NAVY | BCNR | CY2010 | 10085-10
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. You reenlisted in the Navy on 21 February 1989, after more than two years of honorable service. 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.