DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00554-12
24 October 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 23 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 9 December 1986. The Board found that on 26 August 1987,
you were assigned to a weight control program. On 24 August and
22 September 1987, you were counseled with regard to losing
weight, and warned that failure to adhere to the program could
result in administrative discharge action. On
11 February 1988, you received nonjudicial punishment (NUP) for
wrongful possession of cocaine. You received a reduction in
paygrade and a forfeiture of pay. Subsequently, based on the
information currently contained in your record you were
involuntarily processed for separation due to unsatisfactory
performance. After being afforded all of your procedural rights,
your commanding officer forwarded his recommendation that you be
administratively separated due to your failure to meet weight
standards. On 20 May 1988, the separation authority concurred
and directed that you receive a general discharge. You were so
discharged on 13 June 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP for wrongful drug possession and failure to adhere
to your command’s weight control program. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
With regard to the Montgomery GI Bill (MGIB), as stated in the
Naval Discharge Review Board review of 15 July 2004, the
Department of Veterans Affairs (DVA) determines eligibility for
post service benefits, and that your time in service of less than
three years could limit the receipt of some benefits, to include
the MGIB. If you have been denied benefits, you should appeal
that denial under procedures established by the DVA.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled te 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 ali. officiel 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,
Fea SS, a
ROBERT D {a
Acting Executive Director
NAVY | BCNR | CY2009 | 02610-09
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 ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 29 October 1986, you were counseled for Failure to make progress while on the weight control program. Additionally, with each...
NAVY | BCNR | CY2009 | 08635-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 2010. 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 correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...
NAVY | BCNR | CY2011 | 02167-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 | CY2013 | NR1420 13
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 ‘ro establish the existence of probable material error or injustice. You were warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 09659-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 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. You were counselled regarding this misconduct and advised that, although you were being retained, any further misconduct, especially drug related...
NAVY | BCNR | CY2001 | 05531-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2001. Opportunity to draw education benefits from the VEGIB Program ended on 31 December 1989. b. VEGIB Program members who were on active duty any time between 19 October 1984 and 1 July 1985 and served continuously from that date through 30 June 1988, followed by four years in the Selected Reserves, had their remaining entitlement converted to Montgomery...
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 | CY2013 | NR6325 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2014. 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 were counseled and warned that your failure to conform to the Marine Corps weight and appearance standards could result in...
NAVY | BCNR | CY1999 | 05725-09
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 23 January 1989, you refused to participate in the Level I and II programs and signed a written statement which said in part, that you consented to being administratively separated for alcohol abuse rehabilitation failure. Finally, an RE-4 reenlistment code must be assigned to all...
NAVY | BCNR | CY2006 | 00383-06
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. Per reference (b), an individual who was a Veterans Educational Assistance Program (VEAP) participant on or before 9 October 1996 and served continuously from that date through at least 1 April 2000 was allowed an opportunity to convert from VEAP to the Montgomery GI Bill (MGIB) Program. We had other cases of...