DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 7529-07
13 May 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 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.
You reenlisted in the Navy on 26 August 1979 after five years of
prior honorable service. You continued to serve without
disciplinary incident until 5 June 1980, when you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty and disobedience. On 22 January and again on 26
March 1981 you received NUP for two periods of unauthorized
absence (UA) totalling 13 days, assault, reckless driving,
failure to obey a lawful order, and breaking restriction.
During the period from 31 October 1981 to 4 July 1982 you were in
a UA status on three occasions. As a result, on 20 October 1982,
you were convicted by special court-martial (SPCM) of the periods
of UA totalling 245 days. You were sentenced to confinement at
hard labor for 90 days, a $750 forfeiture of pay, and reduction
to paygrade E-1.
During the period from 23 March 1983 to 1 May 1984 you received
NJP on three more occasions for two specifications of fraud,
absence from your appointed place of duty, and wrongful use of
marijuana. On 23 May and 7 July 1984 you were convicted by
summary court-martial (SCM) of two specifications of failure to
obey a lawful order and two specifications of being an accessory
after the fact. 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 days and a bad conduct discharge
(BCD). After the BCD was approved at all levels of review, on 11
September 1985 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, desire to upgrade your discharge,
and the passage of time. It also considered your assertions of
deaths in your family, alcohol and drug abuse, and being under a
lot of pressure. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in six NUPs, four court-martial
convictions, and also included drug abuse. 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,
\ > . Ae
ROBERT D.~%SALMAN
Acting Executive Director
NAVY | BCNR | CY2010 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2011 | 05649 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 February 2012. 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...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
NAVY | BCNR | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2008 | 05252-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. 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 | CY2010 | 01915-10
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 these factors were not sufficient to warrant recharacterization of your discharge because of your four NUP’s, UA's totaling over six months, and request for discharge. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2011 | 03331-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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. Your offenses were two specifications of disobedience, failure to obey a lawful order, two periods of UA totalling two days, assault, and two...
NAVY | BCNR | CY2001 | 03835-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 16 November 1982 you were convicted by summary court-martial (SCM) of a 15 day period of UA, absence from your appointed place paygrade E-l, a $500 of duty,...
NAVY | BCNR | CY2002 | 02379-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2002. 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. January 1981 you...
NAVY | BCNR | CY2013 | NR3537-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . | 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. 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.