DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10259-10
8 July 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 6 July 2011. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 27 May 1981 at age 18 and
served for about eight months without disciplinary incident.
However, during the period from 16 January to 22 October 1982,
you received nonjudicial punishment (NUP) on three occasions for
failure to obey a lawful order, absence from your appointed place
of duty, damage to government property, disobedience, and other
unspecified offenses. During this period you also admitted to
using marijuana on two occasions, but stated that you would not
use any drugs while serving in the Navy. Nonetheless, on 1
December 1983, you received NUP for wrongful use of cocaine and
marijuana.
On 8 March 1984 you received NUP for two periods of absence from
your appointed place of duty, a three day period of unauthorized
absence (UA), disobedience, disrespect, three specifications of
failure to obey a lawful order, and wrongful use of marijuana.
Shortly thereafter, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and a
pattern of misconduct. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 9 March 1984 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse
and a pattern of misconduct. On 14 March 1984 the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 15 March 1984
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent and repeated drug
related misconduct which resulted in four NUPs. Further, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
‘Quan “
W. DEAN PF
Executive tor
NAVY | BCNR | CY2008 | 02669-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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 were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2010 | 11286-10
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 waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable...
NAVY | BCNR | CY2009 | 01710-09
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 19 February 1986 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of misconduct, and on 21 February 1986, you were so discharged. Further, you were given an opportunity to defend yourself...
NAVY | BCNR | CY2010 | 03048-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2011. 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 received two more NUPs on 24 January and 18 February 1983 for falsifying an official document, a one day period of unauthorized absence (UA), and...
NAVY | BCNR | CY2010 | 04845-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record, and applicable statutes, regulations, and policies. The Board found that he was counseled regarding periods of unauthorized absences (UA) and wrongful use of a controlled substance, and...
NAVY | BCNR | CY2008 | 08218-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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 probable...
NAVY | BCNR | CY2010 | 03030-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 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. After waiving your procedural rights to legal counsel and an administrative discharge board (ADB), your commanding officer recommended discharge...
NAVY | BCNR | CY2012 | 01514 12
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. Shortly thereafter, on 30 April 1984, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by three positive urinalyses, two NJPs for drug use, and civil conviction for DWI. Consequently, when applying...
NAVY | BCNR | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2008. 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
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...