DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4674-11
10 February 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, considered your
application on 7 February 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 Navy Reserve on 25 September 1990 at age 18
and began a period of active duty. About nine months later, you
were referred for a medical evaluation due to your longstanding
problems with anger, conflicts with authority figures, and
antisocial behavior. You were diagnosed with a personality
disorder with narcissistic features and recommended for an
administrative separation if your problems continued.
You served without disciplinary incident until 7 November 1991,
when you received nonjudicial punishment (NUP) for wrongful use
of marijuana on about three occasions. The punishment imposed
was a $754 forfeiture of pay, restriction and extra duty for 45
days, and reduction to paygrade E-1. Subsequently, on 13
November 1991, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 16 December 1991 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 18 December 1991 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on 26
December 1991 you were so 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. It also
considered your assertion that you never used drugs and only pled
guilty to the charges of drug use as a means of being released
early from the Navy since you believed that you were not
defending your country. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your drug related misconduct which was
contrary to the Navy’s “zero tolerance” policy. Also, you were
given an opportunity to defend your actions, but waived your
procedural right to present your case to an ADB. Further, there
is evidence in the record that is contrary to your assertion of
never using drugs. Finally, it is well settled in the law that
if a Sailor procures a discharge by fraud/lying, he/she should
not benefit from the fraud when it is discovered. With that
being said, if you lied to get out of the Navy as you assert, no
corrective action would be appropriate. 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,
Lp Dees
W. DEAN PFE
Executive Dilgetto
NAVY | BCNR | CY2008 | 05392-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application.on 7 April 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. On 25 April 1988 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2011 | 00368-11
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 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 | CY2008 | 06469-08
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. 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 | CY2009 | 02361-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 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...
NAVY | BCNR | CY2011 | 03204-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 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 | 12560 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 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 poliedes . 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 | 04658-11
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 15 October 1987 the discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct and on 27 October 1987 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2011 | 04651-11
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 | 04663-11
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 | CY2007 | 02840-07
A three-member panel of the Board for c rrection of Naval Records, sitting in executive session, considered your 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. Consequently, when applying for a...