Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 09302-08
Original file (09302-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No: 9302-08
15 July 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 15 July 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 ail material
submitted in support thereof, your naval and medical records,
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. The Board found that you entered active
duty in the Marine Corps on 5 December 1984. You received
nonjudicial punishment on two occasions and a summary court-
martial for 14 specifications of unauthorized absence. On

4 December 1985, you were diagnosed with a passive-aggressive
personality disorder. You were counseled on several occasions
for substandard performance, failure to pay just debts, and
assault. On 25 June 1987, you were notified of pending
administrative separation processing for an other than
honorable (OTH) discharge due to a pattern of misconduct. You
waived your right to an administrative discharge board (ADB).
The separation authority approved your OTH discharge for a
pattern of misconduct, and you were so discharged on 24 August
1987, with an RE-4 reenlistment code.

The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, and
hardship and medical issues. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing your
OTH discharge because of your repetitive misconduct. The Board
_ noted that you waived your right to an ABB, which was your best
opportunity for retention or a better characterization of
service. In view of the above, 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 wpon 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,

 

Copy to:

Similar Decisions

  • NAVY | BCNR | CY2009 | 03801-09

    Original file (03801-09.pdf) Auto-classification: Denied

    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 10 April 1987, you were notified of your commanding officer's (CO’s) recommendation that you receive administrative separation processing for an other than honorable (OTH) discharge for misconduct due to a pattern of misconduct. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2008 | 06138-08

    Original file (06138-08.pdf) Auto-classification: Denied

    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 29 August 1984, you were also counseled regarding your misconduct, informed where substance abuse assistance was available, and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2008 | 05965-08

    Original file (05965-08.pdf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2008 | 09025-08

    Original file (09025-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting'in executive session, considered your application on 1 July 2009. 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 applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2008 | 10065-08

    Original file (10065-08.pdf) Auto-classification: Denied

    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 23 August 1984, you were notified of pending administrative separation action for an other than honorable (OTH) discharge due to a pattern of misconduct (frequent involvement of a discreditable nature with military authorities), and an RE-4 reenlistment code. Consequently, when applying for a...

  • NAVY | BCNR | CY2010 | 08426-10

    Original file (08426-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 April 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, the Board concluded that your discharge should not be changed due to your numerous acts of misconduct.

  • NAVY | BCNR | CY2008 | 05961-08

    Original file (05961-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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. Regarding your contentions, there is no evidence in the record to show that you ever requested or were denied treatment for alcohol abuse, but...

  • NAVY | BCNR | CY2008 | 07886-08

    Original file (07886-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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 your...

  • NAVY | BCNR | CY2013 | NR2433-13

    Original file (NR2433-13.pdf) Auto-classification: Denied

    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, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. 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 | CY2009 | 10943-09

    Original file (10943-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2010. 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...