DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 00963-11
3 November 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 2 November 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 on 12 January 1987. On 15 January 1987,
you signed and acknowledged the Navy's Zero Tolerance policy
regarding drug and alcohol abuse. On 29 March 1989, you were
convicted by the County of Duval, Jacksonville, Florida, for
purchasing crack cocaine. You were sentenced to three months
probation. On 28 April 1989, you received nonjudicial punishment
(NIP) for being in an unauthorized absence (UA) status for three
days. On 28 April 1989, administrative separation action was
initiated by reason of misconduct drug-abuse (possession). You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct drug-abuse (possession). On 17 May 1989, you were
so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors,’ such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one NUP, and conviction
by a civilian court of possession of crack cocaine. The Board
noted that you waived your right to an ADB, your best opportunity
_for retention or a more favorable 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,
\p DEAN
Executive tor
NAVY | BCNR | CY2011 | 02613-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 December 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. You elected to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2011 | 01157-11
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. On 7 August 1989 you received NJP for absence from your appointed place of duty. 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 | CY2006 | 06798-06
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 an conscientious consideration of the entire record, the Boar found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 2 June 1986 y u enlisted in the Navy at age 18. On 12 January 1989 you received NJP for three...
NAVY | BCNR | CY2008 | 06500-08
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. Shortly thereafter, on 24 August 1989, you received your third NUP for wrongful use of cocaine.
NAVY | BCNR | CY2012 | 04339-12
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 | CY2010 | 08318-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 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 | CY2008 | 08822-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 | CY2009 | 02574-09
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 | CY2005 | 07545-05
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 | CY2007 | 03554-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 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 23 June 1989, the discharge authority directed an other than honorable discharge by reason of misconduct.