DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1582-08
6 October 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 1 October 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 23 May 1988, you enlisted in the Navy at age 18. During the
period 10 October 1989 to 26 February 1990, you were in an
unauthorized absence (UA) status on two occasions totaling
about 136 days. On 28 March 1990, you were convicted by a
special court-martial (SPCM) these offenses. On 3 July 1990,
you began another UA that ended on 7 August 1990, a period of
about 35 days. On 17 August 1990, you had nonjudicial
punishment for the 35 day period of UA. You were also
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.
On 11 July 1991, you tested positive for Human Immunodeficiency
Virus (HIV). On 15 July 1991, a medical board found that you
were in stage I of HIV, found you fit for full duty in a non-
deployable status, and recommended reevaluation in six months.
During the period 26 September 1991 to 4 December 1991, you
were in a UA status on two occasions totaling about 67 days.
During the period 18 February to 6 March 1992, you were
hospitalized for reevaluation.
On 17 April 1992, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense. In connection with this
processing, you acknowledged that separation could result
in an OTH discharge and elected to have your case heard by an
administrative discharge board (ADB). On 20 April 1992, you
were convicted by a SPCM of the two periods of UA that totaled
67 days and 13 instances of writing worthless checks with
intent to defraud. On 27 April 1992, an ADB convened and
found that you were guilty of misconduct due to commission
of a serious offense and recommended an OTH discharge.
On 3 June 1992, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On
24 July 1992, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your contention that your diagnosis of being HIV positive
contributed to your misconduct. 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 warned that
further infractions could result in an OTH discharge.
Regarding your contention, there is no evidence in the record
to support your contention, since your misconduct began more
than 21 months before you were diagnosed as being HIV positive.
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,
W. DEAN PF!
Executive
NAVY | BCNR | CY2008 | 02235-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
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 | CY2013 | NR2510-13
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. You were "80 discharged .On 29 October 1992. , Ce The Board, in its review of your application, carefully weighed all potentially’ mitigating factors, such as your record of service, post service accomplishments, character letters, and desire to upgrade your discharge. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2012 | 00477 12
On 4 May 1990, you were UA for three days, with no disciplinary action taken. On 5 September and 1 October 1990, you were UA one day each, and no disciplinary action was taken against you. On 8 July 1991, you were UA again for one day and no disciplinary action was taken.
NAVY | BCNR | CY2008 | 08387-08
On 21 December 1990, your commanding officer initiated administrative separation by reason of misconduct due to civil conviction, commission of a serious offense, and drug abuse. In connection with this processing, you acknowledged the separation action and that it could result in an other than honorable (OTH) discharge, waived the right to have your case heard by an administrative discharge board (ADB), and submitted a statement in which you stated in essence that withdrawal symptoms from...
NAVY | BCNR | CY2013 | NR2728-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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 probable...
NAVY | BCNR | CY2011 | 02220-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. On 30 July 1990, the ADB recommended separation with an other than honorable (OTH) discharge by reason of misconduct due to commission of a...
NAVY | BCNR | CY2013 | NR00271 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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 so discharged on 20 May 1992.
NAVY | BCNR | CY2008 | 02222-08
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. 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). Nevertheless, the Board concluded that these factors were not sufficient to warrant...
NAVY | BCNR | CY2010 | 04488-10
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. On 30 June 1992, you were so discharged. 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.