DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5247-08
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 enlisted in the Navy on 6 August 1987 at age 26 and began a
period of active duty on 19 October 1987. You served for a year
without disciplinary incident, but during the period from 5
October 1988 to 14 March 1990 when you received nonjudicial
punishment (NUP) on four occasions and were issued a letter of
censure. Your offenses were assault by biting, unlawful entry,
threat with a knife, six periods of absence from your appointed
place of duty, disobedience, disrespect, communicating a threat,
and wrongful use of marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. You waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 17 March 1990 your
cowmanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
as evidenced by four NJPs and a letter of censure. On 22 March
1990 the discharge authority approved this recommendation and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 28 March
1990, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that you were
not afforded legal representation. 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 four NUPs and
included drug abuse. Further, you were given an opportunity to
defend yourself and possibly obtain a better characterization of
service, but waived your procedural right to present your case to
an ADB. Finally, there is documented evidence in the record that
is contrary to your assertion of not being afforded legal
representation. 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,
Ly Vans °
W. DEAN P
Executive edtor
NAVY | BCNR | CY2010 | 06151-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. You served without disciplinary incident until 6 July 1978, when you received nonjudicial punishment (NJP) for absence from your appointed place of...
NAVY | BCNR | CY2007 | 09388-07
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, 2 September 1975, an ADB recommended discharge under honorable conditions by reason of unfitness due to frequent involvement of a discreditable nature with military authorities. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 03179-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2008. 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...
NAVY | BCNR | CY2011 | 03253-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2012. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, desire to upgrade the characterization of your discharge, and assertion that you were told that your discharge would be upgraded seven years after your separation. Consequently, when...
NAVY | BCNR | CY2010 | 08424-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 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 | CY2010 | 13341-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 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 | CY2011 | 04042-11
On 11 January 1977 you received NUP for absence from your appointed place of duty and two specifications of failure to obey a lawful order. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation because of the seriousness of your repeated and frequent misconduct which resulted in nine NUJPs, counselling on several occasions for involvement of a discreditable...
NAVY | BCNR | CY2010 | 10254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 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 | CY2009 | 01710-09
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 19 February 1986 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of misconduct, and on 21 February 1986, you were so discharged. Further, you were given an opportunity to defend yourself...
NAVY | BCNR | CY2011 | 03316-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2012. 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 15 September 1982 the discharge authority approved these recommendations and directed your commanding officer to issue you an other than...