' DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 10106-08
25 August 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.
“BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 August 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 enlisted in the Navy and began a period of active duty on
22 August 1988 at age 19. On 22 September 1989, you received
nonjudicial punishment (NTP) for absence from your appointed place
of duty. On 24 October 1989, you were convicted by special court-
martial (SPCM) of two periods of unauthorized absence totaling 96
days, and assault. You were sentenced to a reduction in paygrade,
confinement, and a forfeiture of pay.
On 21 December 1989, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. You waived youn rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 19 January 1990 your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On
21 February 1990 the discharge authority directed an other than
honorable discharge by reason of misconduct due to commission of
a serious offense. On 2 March 1990 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your two NIP’s and SPCM conviction
for serious offenses. Further, you waived the right to an ADB,
your best chance for retention or a better characterization of
service. 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,
NAVY | BCNR | CY2009 | 01317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. You elected to consult counsel and have your case heard by an administrative discharge board (ADB). 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 | 01358-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 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. On 13 August 1990, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2008 | 00118-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 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. On 6 March 1989, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2008 | 09637-08
A three-member panel of the Board for Correction of Naval. -Documentary material considered by the Board consisted of your application, together with ail 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 error or injustice.
NAVY | BCNR | CY2011 | 02220-11
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NAVY | BCNR | CY2008 | 01582-08
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NAVY | BCNR | CY2003 | 01395-03
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. to present your case to an administrative discharge board (ADB). 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 | 04111-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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. In this regard, an RE-4 reenlistment code is required when a Sailor is discharged due to misconduct.
NAVY | BCNR | CY2001 | 07515-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. general discharge by reason of misconduct due to commission of a An ADB recommended you be issued a After consulting with legal However, the discharge authority...
NAVY | BCNR | CY2007 | 00420-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 July 2007. 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...