DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 406-08
28 August 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 27 August 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.
On 24 May 1988, you enlisted in the Navy at age 23. On
20 October 1988, 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 discharge. On 21 October 1988, you had
nonjudicial punishment for failure to go to your appointed
place of duty and two instances of failure to obey a lawful
order. On 1 March 1989, you began an unauthorized absence (UA)
that ended on 6 March 1989, a period of about five days. On
17 April 1989, you began a period of desertion when you
‘departed your command knowing that you were scheduled for a
trial by court-martial on 20 April 1989. On 3 May 1989, your
period of desertion ended when you were apprehended by civilian
authorities. On 2 June 1989, you were convicted by a special
court-martial (SPCM) of two instances of use of cocaine, a 16
day period of desertion, and a five day period of UA. The
sentence included confinement, forfeitures of pay, reduction in
rank, and a bad conduct discharge (BCD). On 3 August 1989, you
began a period of UA. On 1 November 1989, you were apprehended
by civilian authorities and subsequently convicted in civilian
court of selling narcotics, and possession of crack cocaine and
narcotics. The sentence included confinement, for which you
were given credit for time served. On 5 March 1990, you were
returned to military authorities after being in a UA status for
about 185 days. It appears that no disciplinary action was
taken for the 185 day period of UA and a portion of your court-
martial sentence was partially suspended. After the BCD was
approved at all levels of review, on 19 July 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 passage of time, and medical documentation that you
submitted. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct. You
are advised that there is no provision in the law or
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
\o Mess
W. DEAN PF]
Executive Di
NAVY | BCNR | CY2009 | 10658-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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. 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 | CY2006 | 02415-06
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 Marine Corps on 10 August 1988 at the age of 18 and served for nearly a year...
NAVY | BCNR | CY2012 | 04339-12
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. Additionaily, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | 03358-09
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 were counseled and warned that further misconduct could result in administrative discharge action. 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 | 06467-08
Documentary material considered by the Board: consisted of your application, together with all material submitted in support thereof, your daughter’s 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 served without disciplinary incident until 15 July 1989, when you received...
NAVY | BCNR | CY2007 | 09335-07
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 June 1988, you enlisted in the Navy at age 24. However, no separation action was taken and you...
NAVY | BCNR | CY2013 | NR8159 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. 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 | CY2007 | 03554-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 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 23 June 1989, the discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2008 | 03537-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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...
NAVY | BCNR | CY2009 | 07480-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your daughter’s 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...