Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR1607 14
Original file (NR1607 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490

TAL
Docket No: 1607-14
6 March 2015

This is in reference’ to your application for correction of your

naval record pursuant to the provisions of title 10 of the United os

States Code, section 1552.

Although your application was not filed in a timely manner, the
‘Board found it inthe interest of-justice to waive the statute of.
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on.

25 February 2015. The names and votes of the members of the
panel will be furnished upon request. 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 3 April 1990. You served for a year and two months
without disciplinary incident, but during the period from 25 June
1991 to 21 February 1992, you received nonjudicial punishment
(NIP) on two occasions. Your offenses were failure to go to your
appointed place of duty and wrongful use of cocaine.

Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB). Your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by

reason of misconduct, and on 10 September 1992, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. Nevertheless, the Board
‘concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural rights. Accordingly, your application .
has been denied.

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 within one year from the date of the Board’s decision. -
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 J. O’ NEILL
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2014 | NR2321 14

    Original file (NR2321 14.pdf) Auto-classification: Denied

    application on-its merits: - A = three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2015. Subsequently, administrative discharge action was initiated 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 probable material error or injustice.

  • NAVY | BCNR | CY2014 | NR6360 14

    Original file (NR6360 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 1 May 2015. 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 error...

  • NAVY | BCNR | CY2014 | NR1807 14

    Original file (NR1807 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 10 March 2015. 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 | CY2014 | NR5460 14

    Original file (NR5460 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 27 May 2015. 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. Additionally, you were counseled regarding your misconduct and alcohol abuse, and warned that further misconduct could result in administrative...

  • NAVY | BCNR | CY2014 | NR1004 14

    Original file (NR1004 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 24 February 2015. 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 ‘discharge on 10 November 1992. : The Board, in its review of your entire record and application, carefully weighed all...

  • NAVY | BCNR | CY2014 | NR4381 14

    Original file (NR4381 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 15 April 2015. Documentary naberdall 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. This is especially true in your case because your CO’s decision to administratively separate you was based on facts and circumstances surrounding...

  • NAVY | BCNR | CY2014 | NR1004 14_Redacted

    Original file (NR1004 14_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2015. 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, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of...

  • NAVY | BCNR | CY2014 | NR5100 14

    Original file (NR5100 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 May 2015. 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 | CY2014 | NR5597 14

    Original file (NR5597 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 May 2015. 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 | CY2009 | 03982-09

    Original file (03982-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2010. On 28 July 1992 you were notified of pending administrative separation action by reason of misconduct due to drug abuse and commission of a serious offense. 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.