Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 00722-01
Original file (00722-01.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS

                                2 NAVY ANNEX

                          WASHINGTON DC 20370-5100

                                                             CRS
                                                             Docket No: 722-
                                                             01
                                                             4 June 2001







          Dear

          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 23 May 2001. 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.

          The Board found that you enlisted in the Navy on 10 June 1980 at
          age 17. The record reflects that you received three nonjudicial
          punishments and were convicted by a special court—martial. The
          offenses included unauthorized absences totalling 138 days, use
          and possession of marijuana, and absence from your appointed
          place of duty on four occasions.

          On is September 1984 the commanding officer recommended that you
          be separated with an other than honorable discharge by reason of
          misconduct due to a pattern of misconduct, commission of a
          serious offense, and drug abuse. When informed of the
          recommendation, you elected to waive your right to present your
          case to an administrative discharge board. After review by the
          discharge authority, the recommendation for separation was
          approved and you were discharged with an other than honorable
          discharge by reason of misconduct on 2 November 1984.

          In its review of your application the Board carefully weighed all
          potentially mitigating factors, such as your youth and immaturity







and family problems. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge, given your
record of frequent involvement with military authorities. The Board
especially noted the fact that you were the subject of four disciplinary
actions within a period of less than five years, and had unauthorized
absences totalling more than four months and drug—related misconduct. Based
on the foregoing, the Board concluded that no change to the discharge is
warranted. 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 f or 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 PFEIFFER

                                        Executive Director

Copy to:    The American Legion





















                                      2

Similar Decisions

  • NAVY | BCNR | CY2001 | 04449-01

    Original file (04449-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 2001. 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. Your record further reflects that on 4 February 1986 you were convicted by summary court-martial (SCM) of absence from your appointed place of duty, breaking...

  • NAVY | BCNR | CY2002 | 01183-02

    Original file (01183-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. officer properly concluded that you were not a suitable candidate for rehabilitation, given your four nonjudicial punishments. Therefore, the Board to an administrative discharge board.

  • NAVY | BCNR | CY2001 | 06414-00

    Original file (06414-00.pdf) Auto-classification: Denied

    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. On 22 November 1983 you received nonjudicial punishment (NJP) for an unauthorized absence of about two days and four instances of On 21 December failing to go to your appointed place of duty. Based on the foregoing record, administrative discharge, the Board assumed that you were filed in your...

  • NAVY | BCNR | CY2010 | 01392-10

    Original file (01392-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. On 2 March 1984, you were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct...

  • NAVY | BCNR | CY2001 | 03947-01

    Original file (03947-01.pdf) Auto-classification: Denied

    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. However, while the administrative discharge recommendation was being processed, you began another series of unauthorized absences. During the period 25 April to 1 July 1980 you were an unauthorized absentee on three occasions totaling about 35 days.

  • NAVY | BCNR | CY2001 | 04736-01

    Original file (04736-01.pdf) Auto-classification: Denied

    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. forfeiture of pay and restriction and extra duty for 30 days. The punishment imposed was a $550 The punishment imposed was restriction for 60 days and Your record further reflects that on 25 January 1984 you received NJP for wrongful use of marijuana and failure to submit to drug testing.

  • NAVY | BCNR | CY2001 | 01070-01

    Original file (01070-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Subsequently, the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct and frequent involvement of a discreditable nature with civil or military...

  • NAVY | BCNR | CY2001 | 05835-01

    Original file (05835-01.pdf) Auto-classification: Denied

    factors were insufficient to warrant recharacterization of the discharge given your record of five The Board noted the aggravating factor that you waived your right to an ADB, the one opportunity you had to show why you should be retained or discharged under honorable conditions. much misconduct in only 23 months of service to warrant recharacterization to honorable or under honorable conditions. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2001 | 02537-01

    Original file (02537-01.pdf) Auto-classification: Denied

    that failure to take corrective action could result in administrative separation under other than honorable conditions. Board noted the aggravating factor that you waived the right to present your case to an ADB, should be retained or discharged under honorable conditions. 2 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 | CY2001 | 02517-01

    Original file (02517-01.pdf) Auto-classification: Denied

    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. pending administrative separation action by reason of misconduct due to drug abuse. any evidence to support the contention that the NJPs should be removed from your record.