DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12680-10
24 January. 2011
oy
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 20 January 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.
BEter 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 23 December 1985 after more than
three years of prior honorable service. On 3 October 1991, you
received nonjudicial punishment (NUP) for a two day period of
unauthorized absence from your unit and wrongful use of cocaine.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(drug abuse). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 14 November 1991, the separation authority directed an OTH
discharge by reason of misconduct (drug abuse). On 25 November
1991 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior —
honorable service, and overall last record of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct. The Board noted you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. Finally, no discharge is
automatically upgraded due to passage of time or an individual's
good behavior after discharge. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board believes that you may be eligible for veterans’
benefits which accrued during your prior period of honorable
service. However, your eligibility is a matter under the
cognizance of the Department of Veterans Affairs (DVA). In this
regard, you should contact the nearest DVA office concerning your
rights, specifically, wheter or not you are eligible for
benefits based on this pewiod of service.
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 | CY2010 | 05108-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. On 18 August 1988, administrative separation action was initiated by reason of misconduct for drug abuse.
NAVY | BCNR | CY2010 | 10085-10
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 reenlisted in the Navy on 21 February 1989, after more than two years of honorable 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 | CY2010 | 11377-10
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 | 06242-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (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 | CY2009 | 08829-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on > June 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 | CY2009 | 10067-09
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 July 1988, 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 | 04488-10
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. On 30 June 1992, you were so discharged. 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 | 01935-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. On 13 October 1983, you received your third NJP for an additional UA period. On 27 January 1984, you received the OTH discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2010 | 05840-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. On 13 March 1991, you were notified that administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2010 | 00828-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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...