DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 10262-10
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 duly 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 Navy on 26 April 1991 at age 18. You served
for nearly one year without disciplinary incident, but on 28
March 1992, you received nonjudicial punishment (NOP) for absence
from your appointed place of duty, malingering, and assault.
Your record contains to drug and alcohol reports which state, in
part, that during the period from 6 January to 19 February 1993
you committed the offenses of being absent from your appointed
place of duty on two occasions, failed to obey a lawful order on
two occasions, and wrongfully used amphetamines and marijuana.
The record reflects that the foregoing misconduct was referred
for trial. As a result, on 19 March 1993, you were convicted by
special court-martial (SPCM) of absence from your appointed place
of duty and wrongful use of marijuana. You were sentenced to
confinement at hard labor for 60 days and a bad conduct discharge
(BCD). Subsequently the BCD was approved at all levels of review
and on 28 December 1993 you were 50 discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which included drug abuse. 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,
oon Yate
W. DEAN
Executive tor
NAVY | BCNR | CY2012 | 04345-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 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. 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 | 10259-10
A three-member panel of the Board for Correction of Naval’ Records, sitting in executive session, considered ‘your application on 6 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. 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.
NAVY | BCNR | CY2010 | 03001-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011. Further, you were given an opportunity to defend your actions, but waived your procedural right to present your case to an ADB. 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 | CY2011 | 01627-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 2 November 2011. During the period from 24 January to 6 November 1946 you received CM on two more occasions for disorderly conduct and failure to obey a lawful order. 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 | 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 | CY2010 | 02174-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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. On 25 June 1993 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2011 | 00373-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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. After waiving your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB), on 47...
NAVY | BCNR | CY2008 | 06507-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2009. On 28 March 1991 you received your fourth NJP for three periods of failure to,go to your appointed place of duty and were awarded a $800 forfeiture of pay, restriction for 30 days, and reduction to paygrade E-2. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 08042-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 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 | CY2007 | 03688-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...