DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5187-08
19 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 17 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 reenlisted in the Navy on 26 July 1985 after nearly 10 years
of prior honorable service. You continued to serve without
disciplinary incident until 6 May 1988, when you received
nonjudicial punishment (NJP) for a four day period of
unauthorized absence (UA) and disobedience. The punishment
imposed was reduction to paygrade E-3, restriction and extra duty
for 14 days, and a $320 forfeiture of pay.
Your record contains a drug and alcohol report which states, in
part, that on 8 July 1988 your urine sample tested positive for
cocaine. As a result, on 4 August 1988, you were notified of
pending administrative separation by reason of misconduct due to
commission of a serious offense. After consulting with legal
counsel, you waived your right to present your case to an
administrative discharge board (ADB). On 25 August 1988 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission
of a serious offense.
During the period from 8 to 27 September 1988 you were in a UA
status for 17 days. Nonetheless, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
Subsequently, the discharge authority directed your commanding
officer to issue you an other than honorable discharge by reason
of misconduct, and on 23 December 1988, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. It also considered your assertion of suffering with a
Bi-Polar Disorder. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
also resulted in your discharge. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, there is no evidence in
the record, and you submitted none, to support your assertion.
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.
Sincerely,
\Nad
DEAN PFE
Executive Die r
NAVY | BCNR | CY2013 | NR4892 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 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. During this period of UA you were also declared a deserter, however, the record does not reflect the disciplinary action taken for this 36 day...
NAVY | BCNR | CY2007 | 08132-07
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. Subsequently, your commanding officer recommended an other than honorable discharge by reason of misconduct due to commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 03627-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. 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 | CY2006 | 02065-06
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.You enlisted in the Naval Reserve on 20 October 1988 at age 21 and served for eight months without...
NAVY | BCNR | CY2008 | 06046-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 02082-08
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. Subsequently, on 20 December 1991, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 07574-07
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 23 July 1986 at age 18. The punishment imposed was restriction and extra...
NAVY | BCNR | CY2007 | 07006-07
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. Shortly thereafter, on 24 February 1988, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2005 | 07467-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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 | CY2007 | 03861-07
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 en1ist~d in the Navy on 1 December 1986 at age 22 and served for one year and four months without...