DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01124-12
29 November 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 28 November 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 Navy on 22 October 1985, at age 18. During
your in-processing paperwork you signed and acknowledged
documentation concerning the Navy’s Zero Tolerance policy on
drug and alcohol abuse. On 5 June 1987, you received
nonjudicial punishment (NJP) for wrongful use of a controlled
substance. On 19 June 1987, you received NJP for wrongful use
of a controlled substance. On 22 June 1987, administrative
separation action was initiated by reason of misconduct for drug
abuse (use). You waived your rights to consult counsel, submit
a statement or have your case heard by an administrative
discharge board (ADB). On 26 July 1987, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct drug
abuse (use). On 4 August 1987, the discharge authority directed
an OTH discharge by reason of misconduct for drug abuse (use).
On 10 August 1987, you received the OTH discharge due to
misconduct (drug abuse (use)). 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.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge,
given your record of two NJP’s for drug abuse (use). 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,
Qn Arvo gr
BRIAN J. GEORGE
Head, Discharge Section
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. 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 notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2012 | 01151 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. On 3 April 1987, you received the OTH 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 probable material error or injustice.
NAVY | BCNR | CY2009 | 13077-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 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. On 24 April 1989 you received the OTH.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2013. Nevertheless, the Board concluded these factors were not sufficient to warrant a change to your characterization of service while on active duty, due to your misconduct (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...