DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5686-12
29 March 2013
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 27 March 2013. 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 and began a period of active duty on
22 August 2006 at age 17. On 30 October 2008, you received
nonjudicial punishment (NUP) for unauthorized absence (UA) from
your unit for one day, and two instances of wrongful use of
Marijuana. On 25 February 2009, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 22 April 2009, you
received the OTH discharge for misconduct (drug abuse), and 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 and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
reenlistment code given your misconduct that resulted in one NJP
and the non-recommendation for reenlistment which was sufficient
to support the assignment of an RE-4 reenlistment code.
Finally, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, as you have
not exhausted your administrative remedy of submitting the
attached application for the Review of Discharge or Dismissal
for the Armed Forces of the United States (DD Form 293) to the
Naval Council of Personnel Review Boards, Attn: Naval Discharge
Review Board (NDRB), 720 Kennon Street, SE, Room 309, Washington
Navy Yard, Washington, DC 20375-5023
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,
Acting Executive Director
Enclosure
NAVY | BCNR | CY2008 | 09361-08
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. On 16 October 1991, you _ were notified of pending administrative separation action for 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.
NAVY | BCNR | CY2012 | 02320-12
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 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 | 04710-08
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 7 October 1992, you were also separated with an OTH discharge by reason of misconduct due to drug abuse and assigned an RE-4 reenlistment code. 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 | CY2009 | 00016-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval and medical records, 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...
NAVY | BCNR | CY2012 | 03513-12
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...
NAVY | BCNR | CY2008 | 07931-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your medical and naval records, 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 | CY2012 | 04983-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. 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...
NAVY | BCNR | CY2012 | 08892 12
A three-member panel of the ‘Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. 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 | 09294-08
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 waived your right to an administrative discharge board (ADB). 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 | 03517-12
A.three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2013. 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...