DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3784-08
16 January 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
7 January 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 15 May 2006, you were appointed a commissioned officer in the Navy
after completing the Navy Reserve Officers Training Corps (NROTC)
Scholarship Program. On 2 December 2006, you were apprehended by
security at the Navy Exchange for stealing two digital video discs
(DVD) and three collectable coins. On 15 February 2007, you had
nonjudicial punishment (NUP) for larceny and wrongful appropriation.
Although your commanding officer recommended that you not be required
to show cause for retention, the show cause authority determined that
there was sufficient evidence of record to initiate administrative
separation as a probationary officer. On 18 June 2007, you
acknowledged that you were being recommended for administrative
separation by reason of misconduct and substandard performance of
duty, and a general characterization of service. In connection with
this processing, you acknowledged the separation action, contested
the validity of your debt, and submitted a statement in which you
requested retention and a board of inquiry (BOI). On 22 June 2007,
you requested mast, but your request was subsequently denied. On
27 July 2007, the Navy Personnel Command recommended a general
discharge by reason of misconduct and pro-rated recoupment of your
NROTC education costs. On 3 August 2007, the Secretary of the Navy
approved the discharge recommendation and directed a general
discharge by reason of misconduct and recoupment of your NROTC
education costs. On 28 September 2007, you were SO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
regret for your misconduct, favorable recommendations, and
performance of your duties. The Board also considered the letters
of recommendation that you submitted with your application.
Nevertheless, due to the seriousness of your misconduct, the Board
concluded that these factors were not sufficient to warrant your
reinstatement in the Navy, recharacterization of your discharge, or
waiving recoupment of your NROTC education costs. Furthermore, as a
probationary officer, you were not entitled to have your case heard
by a BOI. The Board also found that no error or injustice occurred
in your administrative separation as a probationary officer and
recoupment of your NROTC education costs. 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 Diract
NAVY | BCNR | CY2008 | 03176-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2009. The Board finds that, in light of the educational benefit you received, the regulations implementing the NROTC program and the terms of the scholarship agreement, it is mot an error or an injustice for the Secretary of the Navy to require reimbursement of the costs expended by the United States for your education. Consequently, when applying for a...
NAVY | BCNR | CY2008 | 09247-08
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 23 March 2009. The Board finds that, in light of the educational benefit you received, the regulations implementing the NROTC program and the terms of the scholarship agreement, it is not an error or an injustice for the Secretary of the Navy to require reimbursement Docket No. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2001 | 03398-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2001. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. On 4 January 1994 you accepted an appointment as a midshipman at the Navy Reserve Officer Training Corps (NROTC) unit at the Georgia Institute of Technology. ...
NAVY | BCNR | CY2001 | 04663-01
Sincerely, W. DEAN PFEIFFER Executive Director Enclosures DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 4663-01 2 April 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD 0 ~mIuu-.m”~ Ref: (a) Title 10 U.S.C. In response to congressional interest in Petitioner’s case, Headquarters Marine Corps stated, in part, as follows: ... On September 22, 1999, (Petitioner)...
NAVY | BCNR | CY2009 | 10370-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2009. In August 2006, the Navy Personnel Command directed that you show cause before a board of inquiry (BOI) as to why you should be retained in the Naval service. Your resignation letter specifically noted that you understood that, if your resignation was accepted you “shall subsequently receive a certificate of general discharge” and that you “could be...
NAVY | BCNR | CY2006 | 09041-06
The Board, consisting of Mr. Dawson, Mr. Tew, and Ms~ Roy, reviewed Petitioner’s allegations of error and injustice on 23 October 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Enclosure (2)g. On 13 January 2003, the same date of the BUNED memo, Petitioner entered the following student statement in CNET 1533/32, Disenroliment Report: “(I am) dropping NROTC due to physical inabilities to...
NAVY | BCNR | CY2010 | 07773-10
On or about 13 March 2006, you appeared before a Performance Review Board {PRB} convened to inquire into your aptitude and performance. In the Board's view, your request to disenroll was a voluntary decision made of your own free will. Docket No._7773-10 were aware that you could continue in the NROTC program as well.?
NAVY | BCNR | CY2010 | 07595-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 2011. 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. Presumably, your statements were taken into consideration at all levels of review, but on 9 October 2009, NPC recommended that you be honorably...
NAVY | BCNR | CY2007 | 02809-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2008. SECNAV, the discharge authority, approved the foregoing recommendations and directed discharge under honorable conditions by reason of misconduct, and on 31 July 2006 you were so separated. The Board noted that the NUP, punitive letter of reprimand, and SECNAV directed actions for discharge by reason of misconduct, and the recouping of educational...
NAVY | BCNR | CY2002 | 08884-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. absence due to aptitude, performance review board. resignation from and elected not to appear before a On 31 January 2001 the commanding You then submitted your On 6 December 2000 you WI11 On 6 February 2001 the Bureau...