Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08120-06
Original file (08120-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                            2 NAVY ANNEX
 WASHINGTON DC 2O370- 51OO

                                                                                          SJN
 Docket No: 08120-06
 2 March 2007




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 28 February 2007. 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 18 March 1996 at age 19. on 19 September 1996 and 1 May 1997 you received nonjudicial punishment (NJP) for disobedience, a two-day period of unauthorized absence (UA), and three other brief periods of UA. After the first NJP, you were counseled and warned that further misconduct could result in administrative separation.
On 14 May 1997 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You waived your right to consult with counsel and submit a statement.
On 16 May 1997, your commanding officer (CO) stated, in part, that you were not conducive to military life due to your misconduct and directed a general discharge by reason of misconduct due to a pattern of misconduct. On 23 May 1997 you were so discharged and assigned an RE-4 reenlistment code.

The Board, in its review ‘of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and desire to reenlist. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, changing the reason for separation, or a change to your reenlistment code given your record of two NJP’s, one of which was imposed after you were counseled and warned of the consequences of further misconduct. Additionally, you waived the right to submit a statement in response to the discharge action. Finally, an RE-4 reenlistment code must be assigned when an individual is discharged due to 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,























2

Similar Decisions

  • NAVY | BCNR | CY2006 | 08054-06

    Original file (08054-06.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, the advisory opinion furnished by the Headquarters Marine Corps, 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...

  • NAVY | BCNR | CY2007 | 00505-07

    Original file (00505-07.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.You enlisted in the Navy on 13 July 1995 at age 17 and served without disciplinary incident until 9...

  • NAVY | BCNR | CY2007 | 00469-07

    Original file (00469-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2007. 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...

  • NAVY | BCNR | CY2009 | 02979-09

    Original file (02979-09.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. In connection with this processing, you would have acknowledged the separation action and the discharge authority would have approved a recommendation for separation. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2007 | 09225-07

    Original file (09225-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 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. However, on 9 June 1995, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty.

  • NAVY | BCNR | CY2006 | 10494-06

    Original file (10494-06.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 Navy on 18 December 1985 at age 17. Nevertheless, the Board found that these...

  • NAVY | BCNR | CY2006 | 11276-06

    Original file (11276-06.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 Navy on 11 December 1989 at age 17. You waived your right to consult with...

  • NAVY | BCNR | CY2014 | NR2114 14

    Original file (NR2114 14.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. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a...

  • NAVY | BCNR | CY2006 | 09532-06

    Original file (09532-06.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.On 10 January 2001 you enlisted in the Marine Corps at age 19. On 22 July 2002 you were counseled...

  • NAVY | BCNR | CY2007 | 03297-07

    Original file (03297-07.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, regulation 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 15 December 1994 at age 19. Nevertheless, the Board concluded these factors...