DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4960-11
22 February 2012
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 22 February 2012. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 31 March
1980. On 27 April 1982, you had a urinalysis which tested
positive for the wrongful use of marijuana, however, no
disciplinary action was taken. You were warned that any further
drug abuse would be grounds for administrative sepataion. You
were also convicted by civil authorities and received
nonjudicial punishment on two occasions. Your offenses included
disregarding a stop sign, driving on a suspended license, a
second wrongful use of marijuana, failure to obey a lawful
order, and unauthorized absence. You were then notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct (drug abuse). You exercised your
procedural right to have your case heard by an administrative
discharge board (ADB). The ADB met, found that you had
committed misconduct (drug abuse), and recommended an OTH
characterization of service. On 6 October 1983, you were
discharged with an OTH characterization of service due to
misconduct (drug abuse), and assigned an RE-4 (not recommended
for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
post service good conduct, and current desire to upgrade your
discharge. However, the Board concluded that your discharge
should not be changed due to your acts of misconduct and drug
abuse. You are advised that no discharge is upgraded due merely
to the passage of time or post service good conduct. In view of
the above, 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,
NAVY | BCNR | CY2012 | 06760 12
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 | 03433-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. You were then notified that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct - drug abuse (use). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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...
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NAVY | BCNR | CY2012 | 01312 12
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. Subsequently, administrative discharge action was initiated 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 the existence of probable material error or injustice.
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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 requested to have your case heard by an administrative discharge board (ADB), and then later waived your right. 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 | 03502-11
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