Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 11116-10
Original file (11116-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SUN
Docket No: 11116-1090

21 July 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 19 July 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 and began a period of active duty on

18 August 1987. The Roard found that on 21 August 1987, you were
briefed on the Navy’s drug and alcohol abuse policy. On 23 May
and 24 dune 1988, you received nonjudicial punishment (NIP) for
absence from your appointed place of duty and wrongful use of
Marijuana. As a result of your drug use, you received a
Forfeiture of pay, restriction, extra duty, and a reduction in
paygrade. On 24 June 1988, a drug dependency evaluation found
you were not dependent on marijuana. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You elected to consult counsel and
have your case heard before an administrative discharge board
(ADB). On 3 August 1988, the ADB recommended separation with an
other than honorable discharge by reason of misconduct due to
drug abuse. On 25 August 1988, your commanding officer concurred
with the ADB’s findings and forwarded your case recommending that
you be discharged under honorable conditions. However, on

18 September 1988, the discharge authority directed an other than
honorable Gischarge by reason of misconduct due to drug abuse.

On 26 September 1988 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to serve again in the Navy. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’s, one of
which was for drug use, and the fact that you were briefed on the
Navy policy regarding drug and alcohol 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,

\» Pons

W. DEAN P R
Executive r

Similar Decisions

  • NAVY | BCNR | CY2012 | 04313-12

    Original file (04313-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. The Board found that on 25 July 1986, you were briefed on the Navy’s policy on drug and alcohol abuse.

  • NAVY | BCNR | CY2010 | 06078-10

    Original file (06078-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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 policiéé. 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 | 09074-07

    Original file (09074-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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...

  • NAVY | BCNR | CY2014 | NR1725 14

    Original file (NR1725 14.pdf) Auto-classification: Denied

    A three-member panel, of the Board far Correction of Naval Records, sitting in executive session, considered your application on 3 March 2015. 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...

  • NAVY | BCNR | CY2005 | 07545-05

    Original file (07545-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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 | CY2012 | 04339-12

    Original file (04339-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. Additionaily, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2009 | 02574-09

    Original file (02574-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2008 | 06469-08

    Original file (06469-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 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. The Board further considered your assertion that if you were such a detriment to the Navy, you should not have been held by Navy authorities for five...

  • NAVY | BCNR | CY2013 | NR3028-13

    Original file (NR3028-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the fact that you were...

  • NAVY | BCNR | CY2011 | 01070-11

    Original file (01070-11.pdf) Auto-classification: Denied

    BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 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 careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...