Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 05178-10
Original file (05178-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100 REC

Docket No: 05178-10
3 March 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 2 March 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 23 April 1980. In December 1992, you
completed a drug and alcohol rehabilitation program. On 10 March
1994, you received nonjudicial punishment (NOP) for the wrongful
use of amphetamines and methamphetamines. On 23 March 1994,
administrative discharge action was initiated by reason of
misconduct. On 15 April 1994, you were diagnosed as alcohol and
drug dependent after your completion of Level III chemical
dependence rehabilitation. On 17 May 1994, 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 (drug abuse). On 9 June 1994, you received NUP for
the wrongful use of methamphetamines. On 27 June 1994, your
commanding officer concurred with the ADB’s finding and
recommended that you be discharged with an OTH discharge by
reason of misconduct (drug abuse). On 7 July 1994, the discharge
authority directed the OTH discharge by reason of misconduct. On
26 September 1994, you received the OTH discharge due to
misconduct. At that time you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record. 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). An RE-4 reentry code is required when an
individual is discharged due to misconduct such as drug abuse.
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,

Similar Decisions

  • NAVY | BCNR | CY2012 | 04035-12

    Original file (04035-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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 14 April 1994, administrative separation action was initiated by reason of misconduct (drug abuse).

  • NAVY | BCNR | CY2012 | 00202 12

    Original file (00202 12.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 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 | CY2010 | 12144-10

    Original file (12144-10.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. Subsequently, administrative discharge action was initiated by reason of 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 | CY2013 | NR1427 13

    Original file (NR1427 13.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. On 7 May 1990, you received a second NJP for wrongful use of marijuana. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use.

  • NAVY | BCNR | CY2013 | NR1901-13

    Original file (NR1901-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 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 probable...

  • NAVY | BCNR | CY2010 | 11490-10

    Original file (11490-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August.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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use.

  • NAVY | BCNR | CY2010 | 11481-10

    Original file (11481-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 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 | 05119-10

    Original file (05119-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 REC Docket No: 05119-10 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

  • NAVY | BCNR | CY2013 | NR8883 13

    Original file (NR8883 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 30 September 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. Subsequently, administrative discharge action was .

  • NAVY | BCNR | CY2010 | 08887-10

    Original file (08887-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 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...