Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 08865-07
Original file (08865-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 08865-07
29 September 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, considéred your
application on 23 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 enlisted in the Navy on 28 September 1977 at age 17. On

16 March 1978, you received nonjudicial punishment (NUP) for a
brief period of unauthorized absence (UA). During the period
from 30 December 1978 to 31 March 1982, you had two periods of UA
totaling over three years. On 19 May 1982, you were convicted by
Special court-martial (SPCM) of those periods of UA and sentenced
to a forfeiture of pay, confinement at hard labor, and a bad
conduct discharge (BCD). You received the BCD after appellate
review was completed.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
Overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your NJP and conviction by SPCM for
periods of UA lasting over three years. 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,

Wee

W. DEAN ‘PFRIKE

Executive D or

Similar Decisions

  • NAVY | BCNR | CY2006 | 07960-06

    Original file (07960-06.rtf) Auto-classification: Denied

    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.The Board found you enlisted in the Navy Reserve on 6 May 1976 at age 18. During the period from 1...

  • NAVY | BCNR | CY2010 | 05297-10

    Original file (05297-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. On 29 July 1981, you were again convicted by SPCM of the forgoing period of UA and sentenced to 90 days confinement, forfeiture of pay and a bad conduct discharge (BCD). 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 | 03914-07

    Original file (03914-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 2008. 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...

  • NAVY | BCNR | CY2011 | 00347-11

    Original file (00347-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2011. On 24 August 1981 you were again convicted by SPCM of a 258 day period of UA and sentenced to confinement at hard labor for 60 days, a $600 forfeiture of pay, and a bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2007 | 06266-07

    Original file (06266-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2008. After careful and conscientious consideration of the entire record, the Board tound 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...

  • NAVY | BCNR | CY2007 | 09236-07

    Original file (09236-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct and discharge were the result of you being under the influence of alcohol, and that you were not offered treatment for your alcohol abuse. Consequently, when applying for a...

  • NAVY | BCNR | CY2008 | 05252-08

    Original file (05252-08.pdf) Auto-classification: Denied

    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 | CY2012 | 05602 12

    Original file (05602 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. On 12 May 1980, you again received NJP for UA from your unit for a period of 15 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 | CY2007 | 05634-07

    Original file (05634-07.rtf) Auto-classification: Denied

    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 27 January 1978 after four years of prior honorable service. After the...

  • NAVY | BCNR | CY2001 | 03184-01

    Original file (03184-01.pdf) Auto-classification: Denied

    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 Board. However, you went UA before this corrective action could be implemented, and remained UA for nearly four years. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...