Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 01844-10
Original file (01844-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 1844-10
10 November 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 9 November 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 Marine
Corps on 24 June 1981. You received nonjudicial punishment for
the wrongful use of marijuana. You also tested positive for
the wrongful use of marijuana in a command directed urinalysis
on 13 September 1982, and were found in possession of 4.8 grams
of marijuana. You were notified of pending administrative
separation processing with an under conditions other than
honorable (OTH) discharge due to misconduct (drug abuse). 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.
Your commanding officer concurred with the ADB’s finding and
recommendation. You received the OTH discharge due to
misconduct (drug abuse) on 28 February 1983, and were 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 youth.
However, the Board concluded that your discharge should not be
changed due to your drug-related misconduct. You are advised
that no discharge is upgraded due merely to the passage of time
or post service good conduct. 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.

Ba Nh toate, NAM asi

"t 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 P
Executive

Similar Decisions

  • NAVY | BCNR | CY2009 | 04598-09

    Original file (04598-09.pdf) Auto-classification: Denied

    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 | CY2010 | 01033-10

    Original file (01033-10.pdf) Auto-classification: Denied

    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. Nevertheless, the Board found that these factors were not sufficient to warrant changing the reason or characterization of your discharge given your record of two NJP's, for drug abuse (use). Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2009 | 03811-09

    Original file (03811-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 2 November 1989, the separation authority directed an OTH discharge by reason of misconduct due to drug abuse.

  • NAVY | BCNR | CY2009 | 08994-09

    Original file (08994-09.pdf) Auto-classification: Denied

    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 | 08991-09

    Original file (08991-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on $ June 2010. 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. 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 | CY2013 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

    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 | CY2010 | 01931-10

    Original file (01931-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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...

  • NAVY | BCNR | CY2009 | 10905-09

    Original file (10905-09.pdf) Auto-classification: Denied

    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 | 01778-10

    Original file (01778-10.pdf) Auto-classification: Denied

    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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2010 | 01935-10

    Original file (01935-10.pdf) Auto-classification: Denied

    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).