DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
JRE
Docket No. 02716-07
18 April 2008
Dear 2.
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 10 April 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 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 Navy on 15 July 1982.
On 25 August 1983, you received nonjudicial punishment for a
twenty-two day period of unauthorized absence, and missing
movement through design. On 21 March 1984, you were convicted
by special court-martial of a sixty-one day period of
unauthorized absence. Your commanding officer recommended that
you be discharged by reason of misconduct-commission of a
serious offense, i.e., the sixty-one day period of unauthorized
absence, notwithstanding the fact that the special court-martial
did not adjudge a bad conduct discharge. The recommendation for
discharge was received by the Commander, Navy Military Personnel
Command, on 1 May 1984. You underwent a pre-separation physical
examination on 7 May 1984 and were found physically qualified
for separation. On 5 July 1984, the Secretary of the Navy
personally approved the recommendation of the Chief of Naval
Personnel that you be discharged by reason of misconduct-
_____commission of -a-serious_offense;—with a_discharge-under_other————-.- =...
than honorable conditions. You were so discharged on 16 July
1984. .
The Board concluded that your misconduct was not significantly
extenuated or mitigated by the fact that you suffered from
seasickness. Although seasickness may render a service member
unsuitable for service, it is not considered to be a disability
under the laws administered by the Department of the Navy. There
is no indication in the available records that you suffered from
a condition which rendered you unfit for duty by reason of
physical disability at the time of your discharge. You would
not have been entitled to disability separation or retirement in
any event, because your discharge by reason of misconduct would
have taken precedence over disability evaluation processing.
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,.
NAVY | BCNR | CY2007 | 09533-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 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...
NAVY | BCNR | CY1998 | NC9804002
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 found that these factors and contentions were not sufficient to warrant recharacterization of your 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 | CY1998 | 04002-98
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 found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the frequency of your misconduct and especially the last two periods of absences which resulted in the general court-martial conviction. Consequently, when applying...
NAVY | BCNR | CY2008 | 00309-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. The Board could not find any indication in your naval record that you suffered from a significant mental disorder. 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 | CY2007 | 03931-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were separated from the Navy with a bad conduct discharge on 4 Februray 1982, upon completion of the appellate review of your conviction and sentence. Consequently, when applying for a...
NAVY | BCNR | CY2007 | 00307-07
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Marine Corps Reserve on 5 May 1998, and were assigned to a...
NAVY | BCNR | CY2008 | 01860-08
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 being informed of the recommendation, you waived the right to present your case to an administrative discharge board. 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 | CY2008 | 11027-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2008. Upon completion of the evaluation, you were given a diagnosis of a personality disorder, and recommended for administrative discharge. 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 | CY2007 | 01477-07
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Navy on 8 March 1988. The recommendation was approved by...
NAVY | BCNR | CY2002 | 01042-01
Prior to submitting this On 27 January 1983, the Naval Discharge Review Board (NDRB) denied your request for an upgrade of your discharge. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of an NJP and the fact you accepted discharge rather than face trial by court-martial for more than nine months of UA. Consequently, when applying for a correction of an official naval record, the burden is...