DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1823-08
9 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 8 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 3 October 1972, you enlisted in the Navy at age 17 with
parental consent. During the period 2 February 1973 to
9 February 1974, you had nonjudicial punishment (NJP) on three
occasions. Your offenses included two instances of disrespect,
possession of marijuana, and a two day period of unauthorized
absence. On 20 June 1974, you were counseled regarding
deficiencies in your performance and conduct and warned that
further infractions could result in disciplinary action or an
undesirable discharge (UD). On 1 September 1974, you were
counseled regarding deficiencies in your performance and
conduct. On 13 September 1974, you had NJP for failure to obey
a lawful order, dereliction in the performance of your duties,
and communicating a threat.
On 23 September 1974, your commanding officer initiated
administrative separation action by reason of unfitness due to
frequent discreditable involvement. In connection with
this processing, you acknowledged that separation could result
in a UD and elected to have your case heard by an
administrative discharge board (ADB). On 24 September 1974,
you had NJP for absence from your appointed place of duty. On
25 September 1974, an ADB convened and found that you were
guilty of unfitness due to frequent discreditable involvement,
but recommended a general discharge. On 22 November 1974, the
separation authority approved the discharge recommendation and
directed a general discharge by reason of unfitness due to
frequent discreditable involvement. On 5 December 1974, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
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
administrative separation. 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.
The Board noted that as a result of your general
characterization of service, you may be eligible for veterans!
benefits. You should contact the nearest office of the
Department of Veterans Affairs if you desire clarification
about your eligibility for those benefits.
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,
\s &
SMe Cha
Executive Direc
NAVY | BCNR | CY2007 | 02351-07
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 28 September 1972, you enlisted in the Marine Corps at age 17 with parental consent. On 18...
NAVY | BCNR | CY2006 | 02351-07
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 28 September 1972, you enlisted in the Marine Corps at age 17 with parental consent. On 18...
NAVY | BCNR | CY2005 | 03286-05
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, advisory opinion, 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 17 December 1973 at age 17 with parental...
NAVY | BCNR | CY2007 | 05427-07
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 15 October 1981, you enlisted in the Navy at age 17 with parental consent. In connection with this...
NAVY | BCNR | CY2006 | 08988-06
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.On 27 December 1974 you enlistedin the Navy at age 19. Nevertheless, the Board concluded that these...
NAVY | BCNR | CY2007 | 01905-07
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 9 July 1976, you enlisted in the Navy at age 20. On 1 May 1979, in connection with the...
NAVY | BCNR | CY2007 | 00411-07
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 31 May 1984 you enlisted in the Navy at age 19. In connection with this processing, on 16 December...
NAVY | BCNR | CY2008 | 04341-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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 probable...
NAVY | BCNR | CY2008 | 07244-08
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 undesirable discharge (UD) and waived the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2008 | 02687-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. In connection with this processing, you acknowledged that separation could result in an OTH discharge, waived the right to have your case heard by an administrative discharge board (ADB), and submitted a statement requesting an honorable discharge. Nevertheless, the Board concluded that these factors were not sufficient to...