DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1246-10
14 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 13
August 1979. You received nonjudicial punishment for wrongful
use of marijuana. During your rehabilitation urinalyses, you
repeatedly tested positive for the wrongful use of marijuana.
You were notified that your commanding officer was recommending
you for administrative separation due to misconduct (drug abuse
- use). You requested an administrative discharge board (ADB),
which found misconduct (drug abuse - use) and recommended a
general discharge. The separation authority concurred with the
recommendations of the ADB. You were so discharged on 8 June
1984, and assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your current desire
to reenlist in the armed forces. However, the Board concluded
that neither your discharge nor your reenlistment code should
be changed because of your drug abuse. The Board concluded
that you were fortunate to receive a general characterization
of service, because individuals who are separated for
misconduct such as ,yyours normally receive an other than
honorable discharge. In view of the above, 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
Mat 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,
(Qn
W. DEAN P E
Executive Director
NAVY | BCNR | CY2009 | 08994-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. 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 | 10905-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. You received another NJP for the wrongful use of marijuana. 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 | 01844-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. You elected to have your case heard by an administrative discharge board (ADB) that found you had committed misconduct (drug abuse), and recommended an under conditions 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...
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 | 00792-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable...
NAVY | BCNR | CY2009 | 13266-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 2010. On 16 May 1986, you received an OTH discharge due to misconduct (drug abuse), and were assigned an RE-4 (not recommended for retention) reenlistment code. 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 | 04598-09
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 counseled and warned that further misconduct could result in administrative discharge processing. 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 | 03654-09
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. However, by a vote of two to one, the ADB recommended that the discharge be suspended for 12 months. 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 | 03267-09
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 13 March 1984, the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY1999 | 05428-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2010. You received the OTH discharge on 25 June 1984 for misconduct (drug abuse), and were assigned an RE- 4 reenlistment code. 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.