DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03716-08
2 April 2009
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 31 March 2009. 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 and began a period of active duty on
26 February 1979 at age 18. On 19 December 1979, you received
nonjudicial punishment (NUP) for periods of unauthorized absence
(UA) totaling five days, larceny, and assault. You received a
forfeiture of pay, a reduction in paygrade, and a period of
correctional custody. On 9 April 1980, you were convicted by
civil authorities of two counts of fraud. You were sentenced to
nine months in jail.
On 14 April 1980, you were processed for an administrative
discharge by reason of misconduct due to civil conviction.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 20 August 1980, your commanding officer forwarded his ,
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to the civil conviction.
On 11 September 1980 the discharge authority directed an other
than honorable discharge by reason of misconduct due to the civil
conviction. On 14 September 1980 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and belief that your character of service would
automatically be upgraded after six months. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your NUP, conviction by civil
authorities for very serious offenses, and subsequent
incarceration. Further, you are advised that there is no
provision in the law or Navy regulations that allow for
recharacterization automatically after six months or due solely
to the passage of time. 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 | CY2009 | 04544-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. Subsequently, you were administratively processed for separation by reason of misconduct due to the civil conviction.
NAVY | BCNR | CY2008 | 05252-08
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 | CY2009 | 02619-09
On 3 July 1980, you received NUP for assault and breach of the peace. On 30 July 1980, the discharge authority directed an OTH discharge by reason of misconduct due to frequent involvement. 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 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2009 | 02544-09
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of NUP, conviction by SPCM for periods of UA totaling over six months, and the fact that you were given a opportunity to earn a better characterization of...
NAVY | BCNR | CY2009 | 02170-09
A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your ‘application on 16 December 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. You were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2008 | 08287-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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 | CY2010 | 04498-09
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. On 12 September 1980, you received NUP for 16 periods of failure to go to your appointed place of duty and a 20 day period of UA. 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...
NAVY | BCNR | CY2008 | 09073-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, reguiations, and policies. On 17 August 1979, your case was forwarded and on 28 August 1979, the separation authority directed your separation by reason of misconduct due to civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 07929-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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...