Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR3241-13
Original file (NR3241-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BUG
“Docket No: 3241-13
5 February 2014

This is in reference to your application for correction of your

 maval 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 4 February 2014. 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 a period of active duty on

11 July 1983. You received nonjudicial punishment for the
_. wrongful use of marijuana. You also tested positive in a>
urinalysis for the wrongful use of marijuana for which no

disciplinary action was taken. Your commanding officer then
recommended you for administrative separation with an other than
honorable (OTH) characterization of service discharge due to

“misconduct. You waived your procedural right to an

administrative discharge board (ADB). On 21 March 1986, you
received an OTH characterization of service discharge due to
misconduct, and were 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, »
allegation that you were denied drug rehabilitation, and current
desire to upgrade your discharge. However, the Board concluded
that your discharge should not be changed due to your drug
abuse. The Board particularly noted that you waived the right
to an ADB, your best opportunity for retention or a better
“characterization-of service. Regarding your allegation, the
Board found that your record reflects that you were found not to
“be dependent on Marijuana. Finally, you are advised that no
discharge is upgraded automatically due solely 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,

ROBERT D. ZSALMAN .
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR3028-13

    Original file (NR3028-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the fact that you were...

  • NAVY | BCNR | CY2013 | NR6730 13

    Original file (NR6730 13.pdf) Auto-classification: Denied

    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 17 May 1982, you were counseled regarding your misconduct 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...

  • NAVY | BCNR | CY2013 | NR7573 13

    Original file (NR7573 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 12 August 2014. On 29 August 1995, you received an OTH characterization of service discharge due to misconduct, and were assigned an RE-4 (not recommended for retention) reentry code. 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 | NR4115 13

    Original file (NR4115 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 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 | CY2013 | NR4019 13

    Original file (NR4019 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 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 | CY2013 | NR3857-13

    Original file (NR3857-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 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 | CY2013 | NR8227 13

    Original file (NR8227 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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 | CY2013 | NR6681 13

    Original file (NR6681 13.pdf) Auto-classification: Denied

    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. Your case was forwarded recommending that you be discharged under other than honorable (OTH) conditions by reason of misconduct. 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 | CY2014 | NR5417 14

    Original file (NR5417 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June .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 | CY2013 | NR8229 13

    Original file (NR8229 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. You also tested positive six times in urinalyses for the wrongful use of marijuana for which no disciplinary action was taken. 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.