DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 5683-01
27 November 2002
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 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
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.
You were commissioned in the Navy on 5 September 1990 after more
than five years of enlisted service.
received nonjudicial punishment (NJP) for an unauthorized absence
of about six days, two instances of disobedience, and false
official statement.
The subsequent fitness report for the period
of reprimand.
ending 1 August 1993 is adverse and mentions the NJP.
you have served in an excellent manner and have been promoted to
Additionally you have been continued on active duty
lieutenant.
for three years and apparently will qualify for retirement.
The punishment imposed was a punitive letter
On 20 April 1993 you
Since then
On 7 August 1996 the Board considered and denied your request for
removal of the NJP and punitive letter.
commanding officer (CO) that imposed the NJP submitted a letter
stating that he did not remember the particulars of the NJP and
The CO also stated
no longer had access to the NJP evidence.
that he was very lenient and would not have imposed NJP without
clear and convincing evidence.
that you took actions that prevented your timely return to Naval
Hospital, Guantanamo Bay, Cuba and, therefore, the CO did not
abuse his discretion when he imposed NJP for the offenses.
The Board concluded at that time
At that time, the
Your case was reconsidered based on a letter from the CO who
imposed the NJP, in which he stated that he had reviewed your
application and recommended that the Board reconsider your case
and grant relief.
The CO stated, in part, as follows:
.
.
. I strongly believe that the behavior, which
.
brought (him) to NJP, was situational and completely
uncharacteristic of this fine young officer. I am
further convinced that his difficulties were greatly
exacerbated by duty at Guantanamo Bay.
close confinement of the base in Cuba, (His) problems
involving his ex-wife were well known to the Command
Staff of the base, most of the base population, and
were a source of embarrassment, frustration, and
humiliation for him.
Support services were not
available at the time and both communication and travel
were difficult at best.
existed in
. . . .
The predicament would not have
Because of the
CONUS.
The Board carefully reviewed the evidence and again found that
you committed offenses and there was no abuse of discretion in
1993 when the NJP was imposed.
provision in the regulations that will allow for the removal of
an NJP based solely on the passage of a period of time or
subsequent excellent service.
and punitive letter would be unfair to all your contemporaries
The Board thus
who served without committing any offenses.
concluded that a correction to your record was not warranted.
Additionally there is no
Therefore, the removal of the NJP
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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 PFEIFFER
Executive Director
2
ARMY | BCMR | CY2005 | 20050015003C070206
The applicant's records contain a 27 August 2004 Memorandum for Record signed by the Commanding General of the Joint Task Force-Guantanamo Bay, Cuba. In addition, it states that the Soldier will be informed of the right to counsel, to demand trial by court-martial, to fully present his/her case in the presence of the imposing commander, to call witnesses, to present evidence, to request to be accompanied by a spokesperson, to an open hearing, and to examine available evidence. Evidence...
ARMY | BCMR | CY2008 | 20080005940
The applicant requests, in effect, all records of non-judicial punishment (NJP) be removed from his Official Military Personnel File (OMPF), all records related to the suspension of his security clearance be removed from the Joint Personnel Adjudication System (JPAS) and his Officer Record Brief (ORB), and reinstatement on active duty as an O-6. The evidence of record shows 32 CFR, Chapter 1, subsection 154.55c, states that whenever a determination is made to suspend a security clearance...
ARMY | BCMR | CY2014 | 20140008915
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Somalia and at Guantanamo Bay, Cuba. The applicant's active duty military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080012507
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM), the Joint Meritorious Unit Award, and the Armed Forces Reserve Medal with "Bronze Hourglass" Device. The applicant's DD Form 214, in Item 12 (Record of Service), shows that with 9 years, 7 months, and 22 days of prior service, he completed 11 months and 29 days (364 days) of active duty service. He...
NAVY | DRB | 2000_Navy | ND00-00664
ND00-00664 Applicant’s Request The application for discharge review, received 000424, requested that the characterization of service on the discharge be changed to general/under honorable conditions. At the time it was a common practice to screen dependents PRIOR to issuing orders overseas and many times prior to entering into a GUARD III assignment with an individual. Relief is denied based on this issue.In the applicant’s issue 2, evidence is presented by the applicant concerning his...
NAVY | BCNR | CY1999 | Document scanned on Thu Sep 21 09_17_36 CDT 2000
Further, other individuals stated that you did not notify the command until the third duty day after the arrest. You contend that the arrest was reported on the first day back to work; you were directed not to have any contact with anyone on board the submarine, and therefore could not obtain any witnesses; the executive officer threatened further adverse action if you appealed the NJP; and you were told that you would receive additional alcohol rehabilitation prior to discharge. ...
ARMY | BCMR | CY2008 | 20080013901
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Southwest Asia and Guantanamo Bay, Cuba. As an exception to policy, it would be appropriate to correct item 18 on his DD Form 214 to show his dates of service in Southwest Asia. There is no evidence of record, and the applicant has provided no evidence, which shows he served in Guantanamo Bay, Cuba.
NAVY | BCNR | CY2001 | 02957-01
2957-01 23 August 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 Navy Records, sitting in executive session, 22 August 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The record reflects that you were advanced to PFC (E-2) and served without incident...
ARMY | BCMR | CY2014 | 20140015455
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his active service in Guantanamo Bay, Cuba, during the period April through June 1992, and to show his rank/pay grade as specialist (SPC)/E-4. After completing 90 days or more of continuous active duty for training, full time duty training, or active duty support; and b. The DD Form 214 provides a record of a Soldier's active service at the time of their release from active...
NAVY | DRB | 2013_Navy | ND1300362
In accordance with section 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution.The Applicant’s service record documents service as a Block Guard at Camp Deltain Guantanamo Bay, Cuba in support of Operation ENDURING FREEDOM.The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such...