DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5042-08
5 March 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 March 2009. The names and votes of the members
of the panel will be furnished upon request. 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 on 31 March 1977 at age 17 and began a
period of active duty on 4 May 1977. You served for about five
months without disciplinary incident, but on 25 August 1977, you
received nonjudicial punishment (NOP) for a one day period of
unauthorized absence (UA). Two months later, on 6 October 1977,
you received NUP for absence from your appointed place of duty
and failure to obey a lawful order.
On 16 May 1978 you were convicted by special court-martial (SPCM)
of two periods of failure to go to your appointed place of duty,
three periods of UA totalling 148 days, two specifications of
breaking restriction, missing the movement of your ship, failure
to obey a lawful order, two specifications of communicating a
threat, wrongful use of barbiturates, and two specifications of
assault. You were sentenced to confinement at hard labor for
three months, a $600 forfeiture of pay, and a bad conduct
discharge (BCD). The BCD was suupended for six months.
Nonetheless, on 11 October 1978, you received your third NJP for
two specifications of failure to obey a lawful order and were
awarded restriction and extra duty for 30 days.
Subsequently, on 30 October 1978, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. after consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 2 November 1978 an ADB recommended separation under
other than honorable conditions by reason of misconduct due to a
pattern of misconduct. On 9 November 1978 your commanding
officer also recommended separation under other than honorable
conditions by reason of misconduct. On 13 December 1978 the
discharge authority approved these recommendations and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct, and on 15 February 1978, you
were sO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in three NJPs and a
court-martial conviction. Finally, you were given an opportunity
for a better characterization of service when the BCD was
suspended, but your continued disciplinary infractions
subsequently resulted in separation by reason of misconduct.
Accordingly, your application has been denied.
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.
NAVY | BCNR | CY2008 | 07560-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 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 | 03156-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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 initially enlisted in the Air Force from July 1972 to April 1974, and received an honorable discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2008 | 06162-08
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. During the period 4 April to 10 August 1978, you were in a UA status, a period of about 128 days. On 15 August 1979, the separation authority approved the recommendation and directed an OTH discharge by reason of misconduct due to frequent discreditable involvement.
NAVY | BCNR | CY2008 | 07443-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Nonetheless, you waived your procedural right to present your case to an ADB. 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 | 05016-08
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. On 14 December 1979 an ADB recommended separation under other than honorable conditions 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 the existence of probable...
NAVY | BCNR | CY2007 | 03883-07
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.You enlisted in the Navy on 9 September 1977 at age 17 and served for seven months without...
NAVY | BCNR | CY2002 | 06039-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. convicted by SPCM of the four specifications of disobedience and sentenced to confinement at hard labor for 75 days, a $744 forfeiture of pay, reduction to discharge (BCD). 1978 you were convicted by SPCM of two periods...
NAVY | BCNR | CY2007 | 07871-07
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 17 October 1975, you enlisted in the Navy at age 18. In connection with this processing, you...
NAVY | BCNR | CY2008 | 07523-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 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 | 04699-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 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. The record does not reflect the disciplinary action taken, if any, for this 76 day period of UA.