DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6451-14
30 April 2015
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.
Although your application was not filed ina timely manner, the
Board found it in the 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
24 April 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 Navy and began a period of active duty on
24 May 1989. You served about eight months without disciplinary
incident, however, on 11 and 16 January 1990, you received
nonjudicial punishment (NJP) for wrongful use of marijuana,
disobeying a lawful order, disorderly conduct, and urinating on
deck.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After waiving your procedural rights, 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
9 March 1990, you were so discharge. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and 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 which included drug abuse.
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
NAVY | BCNR | CY2014 | NR7273 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 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. Subsequently, you were notified of pending administrative separation by reason of misconduct due to drug abuse at which time you waived your procedural rights...
NAVY | BCNR | CY2014 | NR6840 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 June 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2014 | NR4958 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. You were so discharged on 31 August 1990.
NAVY | BCNR | CY2014 | NR7642 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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 | NR1607 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on. 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. Accordingly, your application .
NAVY | BCNR | CY2014 | NR4395 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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...
NAVY | BCNR | CY2014 | NR4503 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2011 | 00677-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2011. 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 found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of an NJP...
NAVY | BCNR | CY2011 | 02377-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2011. 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 19 September 1990 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2006 | 03551-06
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 on 13 July 1988 at age 17. You then waived your rights to consult counsel,...