DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 657-07
24 July 2007
Dear Sy
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 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 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 24 April 1984 you enlisted in the Marine Corps at age 26.
On 31 May 1985 you were counseled regarding deficiencies in
your performance and conduct, and warned that further
infractions could result in disciplinary action or administrative
separation. On 4 June 1985 you received nonjudicial punishment
(NJP) for disobedience of a lawful order and disrespect. On
27 September 1985 you were counseled due to your failure to
comply with uniform regulations, and warned that further
infractions could result in disciplinary action.
On 7 March 1986 you received NUP for driving under the influence
of alcohol. On 21 March 1986 you completed substance abuse
awareness training. On 25 November 1986 you received NIP for
insubordination. On 28 January 1987 a psychiatric evaluation
diagnosed you with an impulsive control disorder. On
3 February 1987 you received NUP for disrespect and disobedience
of a lawful order.
Based on the information currently contained in the record, it
appears that your commanding officer (CO) initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, you
would have acknowledged that separation could result in an other
than honorable discharge. The record shows that you elected to
have your case heard by an administrative discharge board (ADB),
which subsequently concurred with the CO and recommended
discharge under other than honorable conditions. Apparently, the
separation authority directed an other than honorable discharge
by reason of misconduct due to a pattern of misconduct. On
8 June 1987 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and post-service conduct. The Board also considered
the letters of reference that you provided with your petition.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant changing the reason for discharge,
reenlistment code or recharacterization of your discharge due to
the seriousness of your misconduct that continued even after you
were warned that further infractions could result in disciplinary
action or administrative separation. Therefore, the Board
concluded that the discharge was proper as issued and no changes
are 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 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,
Lowen Se!
W. DEAN PFEIWF
Executive Direc
NAVY | BCNR | CY2006 | 10055-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 April 2007. 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 acknowledged that separation could result in an other than honorable discharge and waived the right to have...
NAVY | BCNR | CY2008 | 06540-08
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 April 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your service due to the seriousness of...
NAVY | BCNR | CY2007 | 10259-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2008. 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 | CY2007 | 00415-07
A three-member panel’ of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 July 2007. 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 April 1987 you were counseled regarding your continued failure to be at your appointed place of duty on time, and warned that failure to take...
NAVY | BCNR | CY2008 | 03149-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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. On 10 December 1986, you were counseled regarding your unacceptable performance, psychiatric diagnosis, advised where assistance was available, and...
NAVY | BCNR | CY2006 | 10625-06
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 6 September 1984 you enlisted in the Marine Corps at age 19. On 9 July 1985 you were counseled...
NAVY | BCNR | CY2006 | 09332-06
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 in] ustice.On 28 January 1983 you enlisted in the Navy at age 21. During the period from 21 February 1984 to 22...
NAVY | BCNR | CY2009 | 02392-09
RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2010. Documentary material congidered 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 23 March 1988 you received NUP for two periods of UA totalling two days, failure to obey a lawful order, and four periods of absence from...
NAVY | BCNR | CY2012 | 01089 12
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 August and 3 september 1986, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | 00411-07
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.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 31 May 1984 you enlisted in the Navy at age 19. In connection with this processing, on 16 December...