DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01129-12
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 24 July 1985, at age 17. During
your in-processing paperwork you signed and acknowledged
documentation concerning the Navy’s Zero Tolerance policy on
drug and alcohol abuse. On 24 October 1985, you received
nonjudicial punishment (NJP) for wrongful use of marijuana. On
15 November 1985, 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 29
November 1985, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct drug abuse (use). The
discharge authority directed an OTH discharge by reason of
misconduct for drug abuse (use). On 12 December 1985, 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 an NUP 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,
BRIAN J. GEORGE
Head, Discharge Section
NAVY | BCNR | CY2012 | 01124 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 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...
NAVY | BCNR | CY2008 | 04498-08
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 2 October 1985, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to drug abuse. The Board also noted that your case was initially heard by an ADB, which recommended a general discharge, but that action was...
NAVY | BCNR | CY2011 | 02718-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. On § March 1993, you received the OTH discharge due to misconduct for drug abuse (use)).
NAVY | BCNR | CY2010 | 07032-10
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 29 November 1985, the ADB unanimously recommended separation with an other than honorable (OTH) discharge 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...
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 | CY2012 | 00207 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 9 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2013 | NR6689 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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. 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 | CY2012 | 01308 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 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. The Board found that on 27 December 1985, you were briefed on the Navy’s policy on drug and alcohol abuse.
NAVY | BCNR | CY2009 | 06078-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 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 15 November 19385, the separation authority directed an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2013 | NR462 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...