Dear g
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SIN
WASHINGTON DC 20370-5100 Docket No: 07197-08
16 June 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 10 June 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 reenlisted in the Navy on 23 June 2006 after four years of
honorable service. On 18 December 2007 and 16 April 2008, you
received nonjudicial punishment (NJP) for wrongful use of a
controlled substance and disobedience (viewing pornographic
material on a government computer). You were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense. You elected to consult with
legal counsel and subsequently requested an administrative
discharge board (ADB).
On 20 August 2008, an ADB unanimously found that you had
committed misconduct due to commission of a serious offense, and
recommended discharge under other than honorable conditions.
Your commanding officer concurred with the ADB’s findings and
recommendations and forwarded your case to the separation
authority for review. On 23 September 2008, the separation
authority directed an other than honorable discharge by reason of
misconduct. On 8 October 2008 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant removal of any NUP from your official
military records given the serious nature of the offenses.
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,
\pWos.
W. DEAN P R
Executive rector
NAVY | BCNR | CY2011 | 02245-11
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 Board did-not consider whether to upgrade your discharge or change the reason for separation because you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2010 | 01403-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 son Docket No: 01403-10 25 February 2010 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. 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...
NAVY | BCNR | CY2008 | 12353-08
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 28 December 1992, the discharge authority directed an OTH 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 probable material...
NAVY | BCNR | CY2008 | 08229-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8. 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 material...
NAVY | BCNR | CY2008 | 10213-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 10213-08 5 October 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. 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...
NAVY | BCNR | CY2008 | 08127-08
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 23 April 1991, administrative discharge action was initiated 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 probable material error...
NAVY | BCNR | CY2007 | 04683-07
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 June 1983 at age 18 and served without di~cip1inary incident until 2...
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 | CY2007 | 06714-07
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 5 March 2002 at age 23. In this regard, an RE-4 reenlistment code is...
NAVY | BCNR | CY2008 | 05965-08
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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...