Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 03418-11
Original file (03418-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TIR- .
Docket No: 3418-11
17 January 2012

 

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, corisidered your
application on 12 January 2012. 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 Marine Corps on 14 September 1987 at age 21
and began a period of active duty. In April and June 1992 you

were referred for evaluation due to work pressures and alicohol

abuse. You were diagnosed with an adjustment disorder,

borderline personality disorder, and alcohol and drug abuse.

Your record reflects that you served without disciplinary
incident until 21 May 1992, when you received nonjudicial
punishment (NUP) for wrongful use of amphetamines/
methamphetamines. The punishment imposed was restriction and
extra duty for 30 days, forfeiture of $521, and reduction to
paygrade E-2. As a result, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. Your commanding officer recommended you be issued a
general discharge by reason of misconduct by reason of drug
abuse. This recommendation stated, in part, that although you
had given 100% throughout your career, because of your inability
to handle the daily stresses of your duties, your personal
problems, and positive drug test, your career had to be
terminated. The discharge authority approved this recommendation
and directed separation under honorable conditions by reason of
misconduct. On 5 November 1992, while serving in paygrade E-3, -
you were issued a general discharge by reason of misconduct and
assigned an RE-4B reenlistment code.

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 the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness of your drug related
misconduct, which resulted in NUP. Finally, Marines with a
record of misconduct, such as yours, normally receive discharges
under other than honorable conditions, and as such the Board
noted that you were fortunate to receive a general ~
characterization of service. 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,

\ppon 2

W. DEAN P
Bxecutive rector

Similar Decisions

  • NAVY | BCNR | CY2012 | 06760 12

    Original file (06760 12.pdf) Auto-classification: Denied

    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 enlisted in the Navy and began a period of active duty on 15 May 1987. 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 | 04210-11

    Original file (04210-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. 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 | CY2011 | 05452 11

    Original file (05452 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 March 2012. On 29 June 1992 the discharge authority approved this recommendation and directed discharge under other than honorable conditions by reason of misconduct due to drug abuse, and on 16 July 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...

  • NAVY | BCNR | CY2009 | 01436-09

    Original file (01436-09.pdf) Auto-classification: Denied

    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 November 1992 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. : The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and...

  • NAVY | BCNR | CY2011 | 12541 11

    Original file (12541 11.pdf) Auto-classification: Denied

    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. Your commanding officer, in concurrence with the ADB, also recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY1999 | 07295-09

    Original file (07295-09.pdf) Auto-classification: Denied

    Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct which resulted in an NUP. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an administrative discharge board, Finally, there is no evidence in the record, and you submitted none, to support your assertion. Consequently, when applying for a correction...

  • NAVY | BCNR | CY2009 | 07295-09

    Original file (07295-09.pdf) Auto-classification: Denied

    Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct which resulted in an NUP. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an administrative discharge board, Finally, there is no evidence in the record, and you submitted none, to support your assertion. Consequently, when applying for a correction...

  • NAVY | BCNR | CY2012 | 01485 12

    Original file (01485 12.pdf) Auto-classification: Denied

    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 consult with legal counsel and to present your case to an administrative discharge board (ADB), on 20 July 1990, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. ...

  • NAVY | BCNR | CY2010 | 04982-10

    Original file (04982-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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. 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 | CY2011 | 00350-11

    Original file (00350-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2011. Documentary material congidered 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...