DEPARTMENT OF THE NAVY yy
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001.
ARLINGTON, VA 22204-2490
BUG
Docket No: 5259-14
15 September 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 on 10 September 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 reenlisted:in the Navy on 7 May 1982 after more than four
years of prior honorable service. You received nonjudicial
punishment for the wrongful use of cocaine and marijuana. You
were then notified that your commanding officer was recommending
you for administrative separation due to misconduct (drug abuse
- use). You exercised your procedural right to have your case
heard by an administrative discharge board (ADB). The ADB found
that you had committed misconduct (drug abuse - use), and
recommended that you be discharged with an other than honorable
(OTH) characterization of service. On 6 May 1986, you were
discharged with an OTH characterization of service due to
misconduct (drug abuse ~ use), and 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, prior
honorable service, medical issues, post service good conduct,
and counsel's contention that you were denied fundamental due
process. The Board concluded, however, that your
characterization of service should not be upgraded due to your
* drug abuse. The Board was unable to find that you were denied
-¢fundamental due process. In view of the above, your application
fhas been denied.# The names and votes of the members of the
ry
‘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 subnission 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 J. O'NEILL
Executive Director
“= to:
NAVY | BCNR | CY2013 | NR2474-13
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 | NR3827-13
of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2014. the Board consisted ‘of your application, together with all material submitted. 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 | NR6666 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 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. On 17 January 1984, you received an OTH characterization of service discharge due to Misconduct (drug abuse (use)).
NAVY | BCNR | CY2013 | NR6625 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to...
NAVY | BCNR | CY2013 | NR7911 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 29 July 2014. On 11 May 1984, you received an OTH characterization of service discharge due to misconduct (drug abuse (use)), 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 is on the applicant to demonstrate the existence of probable material error or...
NAVY | BCNR | CY2013 | NR4358 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. The ADB met, found that you had committed misconduct (drug abuse), and recommended that you be discharged with an other than honorable (OTH) characterization of service. 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 | NR7753 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 19 August 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 | NR2468-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse, You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2013 | NR3028-13
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 | NR6610 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 8 July 2014. on 22 July 1993, you received an OTH characterization of service discharge due to misconduct (drug abuse), 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.