DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 REC
Docket No: 05128-10
10 February 2011
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 February 2011. 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 22 March 1986, and began a period of
active duty on 25 July 1986, at age 22. On 18 December 1986, you
received nonjudicial punishment (NOP) for being drunk on duty.
On 29 December 1986, you were enrolled in a drug and alcohol
rehabilitation program. On 22 August 1988, you received NJP for
the wrongful use of marijuana. On 3 February 1989, you received
NJP for provoking speeches or gestures. You were advised that
your commanding officer was recommending you for administrative
separation with an other than honorable discharge due to
misconduct. On 23 March 1989, your Case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an other than honorable (OTH) discharge due to
misconduct. You continued your misconduct and on 28 April 1989,
you received your forth NUP for wrongful use of a controlled
substance. On 9 May 1989, your commanding officer concurred with
the ADB's finding and recommended that you be discharged with an
OTH characterization by reason of misconduct (drug abuse).
However, on 9 July 1989, the discharge authority directed an OTH
characterization by reason of misconduct. On 9 August 1989, 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of four
NIJP’s for misconduct and drug abuse. In this regard, an RE-4
reenlistment code is required when an individual is discharged
for misconduct and is not recommended for retention.
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 P
Executive
NAVY | BCNR | CY2010 | 05647-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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 | CY2011 | 02613-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 December 2011. 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 elected to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2013 | NR1471 13
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use. 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 | 10112-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2011. 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 23 October 1986, administrative separation action was initiated by reason of misconduct for drug abuse (use).
NAVY | BCNR | CY2010 | 08318-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2011. 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 | 03811-09
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 | CY2011 | 00677-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2011. 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 recharacterization of your discharge, given your record of an NJP...
NAVY | BCNR | CY2011 | 05840 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2012: ‘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,...
NAVY | BCNR | CY2012 | 00202 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2012. 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 concluded these factors were not sufficient to warrant recharacterization of your discharge given your NJP and SCM...
NAVY | BCNR | CY2013 | NR6711 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2014. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. 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.