DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN ‘
Docket No: 10811-08
30 September 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 16 September 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 on 13 April 1983, and served without
disciplinary incident until 24 February 1986, when you received
nonjudicial punishment (NUP) for being disrespectful in language
toward a corporal, and communicating a threat. You appealed the
NUP, but it was denied. Additionally, on 26 October 1987, you
were counseled on your substandard performance.
Shortly thereafter, you received the following NUJP's: on 28
October 1987, for assault and disorderly conduct; on 24 February
1988, for willfully disobeying a commissioned officer and five
specifications of failing to pay just debts; and on 15 August
1988, for disobeying a lawful order. On 12-September 1988, you
were recommended for administrative separation due to a pattern
of misconduct, and you exercised your right to request an
administrative discharge board (ADB). The ADB voted to
administratively separate you with a general discharge. The
separation authority approved the recommendation and on 19
December 1988, you were separated with a general discharge and an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct. 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 | 00731-09
On 20 June 1988, you received NUP for wrongful use of marijuana and UA. Additionally, after your third NUP, you were counseled and warned that further | misconduct could result in administrative discharge action.. On 27 June 1988, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. Board.
NAVY | BCNR | CY2009 | 02730-09
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 20 August 1988, you received NIP for four instances of UA, and failure to go to your appointed placed of duty. On 22 August 1988 you were so discharged.
NAVY | BCNR | CY2012 | 00923 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2008 | 07028-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. You waived your rights to consult counsel, submit a statement or 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 | 06180-09
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 16 November 1987, administrative discharge action was initiated by reason of misconduct. The discharge authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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...
NAVY | BCNR | CY2011 | 04827-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 01195-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 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. The discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2008 | 06500-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. Shortly thereafter, on 24 August 1989, you received your third NUP for wrongful use of cocaine.
NAVY | BCNR | CY2010 | 11116-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your — application on 19 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. The Roard found that on 21 August 1987, you were briefed on the Navy’s drug and alcohol abuse policy.