DEPARTMENT OF
THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6735-05
18 October 2005
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 5
October 2005. 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 Naval Reserve on 21 May 1982
and reported to active duty on the same day. The record reflects that
on 23 April 1985 you received nonjudicial punishment for misbehaving
as a sentinel.
On 26 June 1985 an administrative discharge board recommended that
you be separated with a general discharge by reason of misconduct due
to commission of a serious offense and homosexuality. After review by
the discharge authority, the recommendation for separation was
approved and on 29 July 1985 you received a general discharge by
reason of misconduct due to commission of a serious offense.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contention that you were
discharged because you were an homosexual. However, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge. In this regard, there is no
indication that your discharge was caused by your homosexuality since
the record reflects that you were discharged by reason of misconduct
due to commission of a serious offense, specifically, your
misbehavior as a sentinel. 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,
W. DEAN PFIEFFER
2
NAVY | BCNR | CY2009 | 03195-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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. 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 | 05682-07
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 February 1986 you were notified of pending administrative separation action by reason of misconduct due to homosexuality and commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 04182-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, 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. ...
NAVY | BCNR | CY2014 | NR5982 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2015. 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. With regard to your assertions, the Board considered whether being threatened was a causative factor in the misconduct that resulted in your discharge.
NAVY | BCNR | CY2007 | 05584-07
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. During the period 22 November to 22 December 1986, you were in an unauthorized absence (UA) status for about 30 days. 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 | CY2014 | NR2578 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2015. 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 | CY2004 | 09292-04
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 24 October 1980 at age 18. However, on 19 December 1984, the discharge...
NAVY | BCNR | CY2010 | 06169-10
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. On 25 September 1990 an ADB recommended discharge under honorable conditions 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...
NAVY | BCNR | CY2001 | 04906-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 December 2001. 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. The Board...
NAVY | BCNR | CY2010 | 01584-10
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. Further, you were given an opportunity to defend your actions, but waived your procedural ‘yight to present your case to an ADB. 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...