DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR 5
Docket No: 7945-07
10 September 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 9 September 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 28 July 1985 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 18 April 1986, when you were
convicted by summary court-martial (SCM) of three specifications
of assault. You were sentenced to confinement at hard labor for
30 days and a reduction in rate.
On 21 May 1986 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After consulting with legal counsel you elected
to present your case to an administrative discharge board (ADB).
On 11 July 1986 an ADB recommended separation under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. Subsequently, on 7 August 1986, your
commanding officer, in concurrence with the ADB, also recommended
separation under other than honorable conditions by reason of
misconduct due to commission of a serious offense. On 25
September 1986 the discharge authority approved these
recommendations and directed an other than honorable discharge,
and on 2 October 1986, you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. It also considered both statements made by your wife
regarding the charges for which you were convicted by ScmM.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your 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,
NAVY | BCNR | CY2007 | 05584-07
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. During the period 22 November to 22 December 1986, you were in an unauthorized absence (UA) status for about 30 days. 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 | CY2009 | 03199-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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. Subsequentiy, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and...
NAVY | BCNR | CY2008 | 00118-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 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. On 6 March 1989, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2012 | 01582 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 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 probable...
NAVY | BCNR | CY2008 | 09050-08
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. On 16 July 1986, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. Consequentiy, 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...
NAVY | BCNR | CY2009 | 03195-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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 | CY2007 | 05682-07
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. On 20 February 1986 you were notified of pending administrative separation action by reason of misconduct due to homosexuality and commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 06046-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 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 discharge due to the seriousness of...
NAVY | BCNR | CY2007 | 07731-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. 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 | 04683-07
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 June 1983 at age 18 and served without di~cip1inary incident until 2...