DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5735-09
28 April 2010
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 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 establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
5 October 1987 at age 24. From 28 April 1988 though 17 August
1989 you received nonjudicial punishment (NJP) on three occasions
For unauthorized absence, insubordinate conduct, failure to obey
a lawful order, assault, communicating a threat and indecent
language. After your first NUP, you were counseled and warned
that further misconduct could result in administrative separation
processing. On 7 September 1989, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, or have
your case heard by an administrative discharge board (ADB). You
did, however elect to submit a written statement. On 21
September 1989, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions. On 26 October 1989, the discharge authority
Girected an OTH discharge by reason of misconduct due to a
pattern of misconduct. On 31 October 1989, you were &O
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted you were counseled and warned after your first NUP,
that further misconduct could result in administrative discharge
action. Additionally, the Board noted that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. 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 ail 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,
NAVY | BCNR | CY2009 | 03358-09
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 counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2009 | 10658-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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. 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 | CY2008 | 07886-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your...
NAVY | BCNR | CY2009 | 04571-09
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 31 July 1991, you received NUP for drunk and disorderly conduct. 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 | CY2007 | 07445-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2008. 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 14 May 1990, you were so discharged.
NAVY | BCNR | CY2009 | 03292-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 10943-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. 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 | CY2010 | 01393-10
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 notified of pending administrative separation action by reason of misconduct due to a pattern 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 or injustice.
NAVY | BCNR | CY2007 | 10247-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2008. 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 1i.September 1989, you were so discharged.
NAVY | BCNR | CY2012 | 00583-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...