DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8553-10
5 May 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 27 April 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
LHIUBELeS:
You reenlisted in the Navy Reserve on 27 August 1991 after more
than three years of honorable service. On 22 March 1992, during
a random urinalysis you tested positive for marijuana use. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge due to misconduct (drug
use) and unsatisfactory participation in the Ready Reserve due to
30 unexcused drills. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 23 July 1993, the separation authority directed an OTH
discharge by reason of misconduct (drug use). On 23 July 1993
you were so discharged.
The Board, in its review of your 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 given the seriousness of your misconduct. Finally, the
Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
NAVY | BCNR | CY2008 | 03232-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2009. 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 | 11911-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 27. 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 notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2011 | 02718-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 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. On § March 1993, you received the OTH discharge due to misconduct for drug abuse (use)).
NAVY | BCNR | CY2010 | 11481-10
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 | 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 | 02827-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 December 2011. On 19 October 1993, you received the OTH discharge for 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 probable material error or injustice.
NAVY | BCNR | CY2010 | 08762-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 May 2011. At your ADB, you admitted that you had used cocaine, it found that you had committed misconduct (drug abuse - use), and recommended that you receive an OTH characterization of service. 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 | CY2012 | 04035-12
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 | CY2011 | 00086-11
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. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of two NUIP's, and conviction by a SCM of misconduct. In this regard, an RE-4 reentry code is required when an individual is discharged for...
NAVY | BCNR | CY2010 | 10797-10
Documentary material considered by the Board consisted of your application, together with ali 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. Consequently, whe applying for a correction of an official naval record, the ‘burden is on the...