Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 09771-05
Original file (09771-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 2O37O~5IQO        

                  CRS
 Docket No: 9771-05
 26 September 2006

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United Stated Code section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2006. 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 s insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 12 March 1984. The record reflects that you received five nonjudicial punishments. The offenses included sitting down while on watch, willfully destroying government property, uttering worthless checks, disrespect, failure to obey a lawful order and violating an order by having 20 empty beer cans in your room.
Although your record does not contain the separation processing documents, it appears that your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to a pattern of misconduct and, after review by the discharge authority, the recommendation for separation was approved. The record clearly shows that on 2 July 1987 you received an other than honorable discharge.
In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your contention that alcohol abuse caused your misconduct. 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. Furthermore, you were the subject of five disciplinary actions in a period of less than four years. In this regard, alcohol abuse does not excuse misconduct. 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 PFEIFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2009 | 02229-09

    Original file (02229-09.pdf) Auto-classification: Denied

    the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 23 April 1985 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of misconduct, and on 30 April 1985, you were so discharged. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2009 | 04730-09

    Original file (04730-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. As a result of this action, you failed the alcohol abuse rehabilitation program.

  • NAVY | BCNR | CY2008 | 09377-08

    Original file (09377-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2009. 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,...

  • NAVY | BCNR | CY2001 | 03812-01

    Original file (03812-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. 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, the Board noted that you were the subject of five disciplinary actions and two civil convictions within a period of less than three years.

  • NAVY | BCNR | CY2006 | 06208-06

    Original file (06208-06.rtf) Auto-classification: Denied

    On 31 October 1986 you received NJP for missing movement, two instances of willful disobedience of a lawful order, and use of an unspecified controlled substance.On 3 November 1986 your commanding officer recommended you for an other than honorable discharge by reason of misconduct due to drug abuse. Finally, there is no evidence in the record to show that you ever requested or were denied treatment for substance abuse. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2010 | 08486-10

    Original file (08486-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. Documentary material considered by the Board consisted Or 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 | 08510-07

    Original file (08510-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 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 | CY2006 | 02435-06

    Original file (02435-06.rtf) 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.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 Marine Corps on 29 July 1977 at age 20. On 24October 1979 you were convicted by...

  • NAVY | BCNR | CY2007 | 09351-07

    Original file (09351-07.rtf) 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.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.On 20 April 1987, you enlisted in the Navy at age 22. On 28 December 1990, you had nonjudicial...

  • NAVY | BCNR | CY2006 | 02782-06

    Original file (02782-06.rtf) 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.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 reenlisted in the Navy on 1 April 1987 after three years of prior honorable service. You were...