DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7466-07
13 May 2008
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 7 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 21 December 1987, you enlisted in the Navy at age 19.
On 15 April 1988, you had nonjudicial punishment for making a
false official statement and assault. You were also counseled
regarding deficiencies in your performance and conduct and
warned that further infractions could result in disciplinary
action or administrative separation. On 11 October 1988, you
began an unauthorized absence (UA) that ended on 29 March 1989,
a period of about 169 days. Based on the information currently
contained in the record, it appears that you were subsequently
convicted by a special court-martial of the 169 day period of
UA and the sentence included a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on
24 January 1990, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that a death of a
family member may have attributed to your misconduct.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. Regarding your
contention, there is no evidence in the record to show that a
death in your family may have attributed to your misconduct.
But, even if there were such evidence, that would not excuse
misconduct. Therefore, the Board concluded that the discharge
was proper as issued and no change is 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,
ROBERT D. SALMAN
Acting Executive Director
NAVY | BCNR | CY2007 | 00714-07
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 8 July 1965, you reenlisted in the Navy at age 21 after a prior period of honorable service. On 24...
NAVY | BCNR | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2008 | 02605-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. 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 | 05479-07
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 12 October 1984, you enlisted in the Naval Reserve at age 19. On 3 June 1985, you began a period...
NAVY | BCNR | CY2007 | 10216-07
On 2 December 1991, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 August 1992, you were so discharged.
NAVY | BCNR | CY2008 | 00406-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. The sentence included confinement, forfeitures of pay, reduction in rank, and a bad conduct discharge (BCD).
NAVY | BCNR | CY2007 | 05741-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2008. On 15 January 1990, you began a UA that ended on 3 February 1990, a period of about 19 days. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your performance and...
NAVY | BCNR | CY2007 | 07574-07
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.You enlisted in the Navy on 23 July 1986 at age 18. The punishment imposed was restriction and extra...
NAVY | BCNR | CY2007 | 08553-07
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 th~ existence of probable material error or injustice.On 2 February 1982, you enlisted in the Navy at age 22 and served without incident for more than 32...
NAVY | BCNR | CY2007 | 07230-07
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 10 January 1990, you reenlisted in the Navy at age 35. The Board also considered your letters of...