Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 10063-08
Original file (10063-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 10063-08
18 November 2008

 

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 4 November 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 15 September
1982. On 22 March 1986 you were convicted by civil authorities
of soliciting an undercover policeman for immoral purposes. The
court sentenced you to confinement for 30 days, which was
suspended, and a fine of $100. On 19 May 1986 your commanding
officer recommended that you be separated from the Navy by reason
of homosexuality, with an honorable discharge. You were
discharged on 27 June 1986 in accordance with the approved

recommendation of your commanding officer.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service. It concluded that those factors were insufficient to
warrant changing the reason and authority for your sepaation.
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,

Ld Daan

W. DEAN PFEI
Executive Dirdctdr

Similar Decisions

  • NAVY | BCNR | CY2008 | 00960-08

    Original file (00960-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY2007 | 05682-07

    Original file (05682-07.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 20 February 1986 you were notified of pending administrative separation action by reason of misconduct due to homosexuality and 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 | 01499-07

    Original file (01499-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS WASHINGTON DC 20370-5100 CRSDocket No: 1499-078 January 2008This is in reference to your application for correction of naval record pursuant to the provisions of title 10 of the UnitedStates Code section 1552.A three-memberpanel of the Board for Correction of Naval Records, sitting in executive Records, sitting in executive session, Considered your application on 28 November 2007. Documentary material considered by the Board...

  • NAVY | BCNR | CY2008 | 00414-08

    Original file (00414-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2008. On 19 February 1986 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of unsatisfactory participation due to your failure to attend regularly scheduled drills. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2007 | 03822-07

    Original file (03822-07.rtf) 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 8 November 1983 at age 18 and served without disciplinary incident until...

  • NAVY | BCNR | CY2007 | 09262-07

    Original file (09262-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2008. On 27 April 1988, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. 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 | 01395-08

    Original file (01395-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2008. On 20 January 1986, you were notified of your processing for administrative separation due to your misconduct with a recommendation for an other than honorable (OTH) discharge. 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 | CY2007 | 06765-07

    Original file (06765-07.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 August 2008. On 20 November 1986 you received nonjudicial punishment (NUP) for a failure to go to your appointed place of duty and were reduced to petty officer second class. At that time, you had completed 17 years, 11 months and 10 days of active service.

  • NAVY | BCNR | CY2007 | 06189-07

    Original file (06189-07.rtf) 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 8 August 1985, you enlisted in the Marine Corps at age 17 with parental consent. Nevertheless, the...

  • NAVY | BCNR | CY2007 | 08679-07

    Original file (08679-07.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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or changes to your narrative reason for separation or reenlistment code because of your diagnosed personality disorder, period of UA, and since your conduct average was...