DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7274-09
10 dune 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 8 June 2010. 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 on 28 May 1980 at age 18. You served
without disciplinary incident until 21 March 1982, when you were
convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 73 days and missing the
movement of your ship. About four months later, on 14 duly 1982,
you received nonjudicial punishment (NUP) for a three day period
of UA.
On 15 August 1983 you were again convicted by SCM of two periods
of UA totalling 77 days and missing the movement of your ship.
Shortly thereafter, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After waiving your procedural rights to legal
counsel and an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 24 August 1983 the discharge authority
approved this recommendation and directed your commanding officer
to discharge you under other than honorable conditions by reason
of misconduct, and on 20 September 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your world was turned upside down
due to deaths in your family and feeling lost and scared.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in NUP and two SCMs. Finally, there igs no evidence in
the record, and you submitted none, to support your assertions.
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 entitied 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,
W. DEAN PF ER
Executive rektor
NAVY | BCNR | CY2009 | 07274-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 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 | CY1999 | 07289-09
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. 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...
NAVY | BCNR | CY2009 | 07289-09
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. 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...
NAVY | BCNR | CY2009 | 11653-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2010. 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 | CY2013 | NR497 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. After waiving your procedural right 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 frequent involvement of a discreditable nature with military authorities and drug abuse. ...
NAVY | BCNR | CY2013 | NR7243 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 | CY2007 | 08721-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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. 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 | CY2003 | 07973-03
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 oriii inst iceYou enlisted in the Navy on 25 June 1981 at age 18 and served fora year without disciplinary...
NAVY | BCNR | CY2009 | 03384-09
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 20 August 1984, administrative discharge action was initiated by reason of misconduct due to 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...
NAVY | BCNR | CY2011 | 02748-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.