DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
REC
Docket No: 05621-09
23 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 21 April 2010. 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 estabiish the existence of probable material error or
injustice.
You enlisted in the Navy on 21 March 1980, at age 19. On
9 December 1980, you received nonjudicial punishment (NJP) for
being absent from your appointed place of duty. On 29 January
1981, you received a second NJP for being absent from your
appointed place of duty. You were counseled and warned that
further misconduct could result in administrative discharge
action. On 17 July 1981, your commanding officer was informed of
your civil arrest by Grants City, New Mexico Police Department
for six counts of armed robbery. On 5 February 1982, you were
convicted by a civilian criminal court for armed robbery and
found guilty. You were sentenced to confinement in Los Lunas,
New Mexico for three years, three years in a Cenikor Program and
placed on parole for a two year period.
On 11 June 1982, the officer in charge recommended that you
receive an other than honorable (OTH) discharge by reason of
Misconduct. Subsequently, your case was forwarded, and on
28 June 1982, the discharge authority approved the recommendation
for an OTH discharge. You were so discharged on 7 July 1982.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in two NUJUP’s, anda
civilian criminal conviction and confinement. 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,
Lent
W. DEAN P
Executive Director
NAVY | BCNR | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2010. 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 served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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 heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
NAVY | BCNR | CY2010 | 10768-10
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 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 3 September 1985, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the...
NAVY | BCNR | CY2011 | 00210-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. 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 | CY2012 | 00904 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 31 January 1983, you were again UA for 20 days with no disciplinary action taken by your chain of command. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY1999 | 07172-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. While you were placed in a rehabilitation Whether you The Board concluded that recharacterization of your discharge is not warranted given your record of...
NAVY | BCNR | CY2009 | 11683-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2010. On 13 November 1974, you received NJP for being in an unauthorized absence (UA) status for 48 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the prastence of probable material error or injustice.
NAVY | BCNR | CY2008 | 04507-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application: on 4 February 2009. 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 you were subsequently released from civil confinement, on 14 January 1982, you were so discharged.
NAVY | BCNR | CY2010 | 01928-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. 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 because of your...
NAVY | BCNR | CY2009 | 11829-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. Subsequently, administrative discharge action was initiated by reason of misconduct due to civil conviction. 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.