DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05647-10
17 February 2011
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 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 reenlisted in the Navy on 10 January 1985, after four years
of honorable service. You served without disciplinary incident
until 5 June 1986, when you received nonjudicial punishment (NUP)
for driving under the influence of alcohol. Shortly thereafter,
on 21 December 1989, you received NUP for two specifications of
wrongful use of marijuana. Therefore, you were recommended for
separation with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You exercised your right to consult
with counsel and requested an administrative discharge board
(ADB). The ADB voted to separate you due to misconduct, and
recommended an OTH discharge. However, your commanding officer
did not agree with the ADB's recommendation and recommended a
suspended discharge for 12 months pending any further misconduct
which would result in your separation with an OTH discharge. The
separation authority approved the recommendation. However, in
June 1990, you tested positive during a urinalysis for the
wrongful use of marijuana. Therefore, on 12 July 1990, you were
separated with an OTH discharge and an RE-4 (not recommended for
retention) reentry code due to misconduct (drug abuse) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and prior honorable service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Accordingly, your application has been denied. The
ynames and votes gf the members of the panel will be furnished
‘upon request.
i 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,
DYoos
W. DEAN PFI
Executive
NAVY | BCNR | CY2011 | 00217-11
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 6 November 1984, you received the OTH discharge due to misconduct drug abuse (use). Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two NUP’s for misconduct, and drug abuse (use).
NAVY | BCNR | CY2010 | 03548-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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...
NAVY | BCNR | CY2010 | 08491-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2011. Documentary material considered by the Board consisted or your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2010 | 05753-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 exLetence of...
NAVY | BCNR | CY2011 | 00559-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2009 | 06050-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. 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 | 12761-10
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 were then notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2011 | 00585-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2031. 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 | 06974-10
DA three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 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 | CY2013 | NR1901-13
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...