Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR4019 13
Original file (NR4019 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 SIN
Docket No: 04019-13
1 May 2014

 

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 30 April 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 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 22 August 1983. The Board found that during the period
from 23 January 1984 to 29 March 1985, you received three
nonjudicial punishments (NUJP’s) for eight instances of
disobedience, two instances of being absent from your appointed
place of duty, and wrongful possession and use of marijuana.
Additionally, you were counseled and warned after your first NP,
that further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to wrongful drug use. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board {ADB}. Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.

On 16 July 1985, you received a fourth NUP for wrongful
possession and use of marijuana. The separation authority
concurred with your commanding officer and directed an OTH
discharge by reason of misconduct due to drug use. You were so
discharged on 29 July 1985.

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 four NJP‘s, two of which were for wrongful drug use,
and the fact that *you were counseled regarding the consequences
of further misconduct along with wrongful drug use. Finally, the
Board noted that you waived the right to an ADB, your best chance
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.

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,

ee D,

ROBERT D.~a2SALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR2685-13

    Original file (NR2685-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. You were so discharged on 21 April 1988.

  • 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 | 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 | NR5808 13

    Original file (NR5808 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 20 May 2014. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to 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 or injustice.

  • NAVY | BCNR | CY2013 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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...

  • NAVY | BCNR | CY2013 | NR7757 13

    Original file (NR7757 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 19 August 2014. On 9 February 1987, you received an OTH characterization of: service discharge due to Misconduct, and were assigned an RE-4 (not recommended for retention) reenlistment code. Consequently, when applying for a correction of an official naval record, the burden igs on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2012 | 01308 12

    Original file (01308 12.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 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 | CY2013 | NR303 13

    Original file (NR303 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 16 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. Administrative discharge action was initiated by reason of misconduct due to wrongful drug use.

  • NAVY | BCNR | CY2013 | NR1832-13

    Original file (NR1832-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 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 | NR4096-13

    Original file (NR4096-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 26 March 2014. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.