DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
BAN
Docket No: 00142-09
26 October 2009
EAR ae
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 October 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 September 1988, and served without
disciplinary incident until 7 April 1989, when you received
nonjudicial punishment: (NUP) for failure to obey a lawful order
and larceny by stealing food from the officers’ mess aboard your
ship.
Shortly thereafter, you received the following NOP's: on 12
October 1989, for unauthorized absence (UA) and failure to obey a
lawful order; on 15 March 1990, for dereliction of duty and
failure to obey a lawful order; on 21 June 1990, for failure to
obey a lawful order; and on 9 April 1992, for the illegal use of
a controlled substance (maxijuana). You were recommended for
separation with an other than honorable (OTH) discharge due to
your misconduct. You waived all of your procedural rights, to
include your right to an administrative discharge board (ADB) .
The separation authority approved the request and on 15 May 1992,
you were separated with an OTH 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 the seriousness of your misconduct. The Board found
you waived your right to an ADB, your best opportunity 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 | 09320-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. 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 | CY2009 | 00075-09
— BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2009. You were recommended for separation with a general discharge due to your 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 | 00094-09
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...
NAVY | BCNR | CY2011 | 12050 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 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 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2008 | 04926-08
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. In connection with this processing, you acknowledged that separation could result in an other than honorable (OTH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2009 | 01677-09
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. Your record reflects that during the period from 22 October 1990 to 27 August 1991 you received counselling on 10 occasions regarding deficiencies in your performance and conduct, specifically, your alcohol related incidents during Operation Desert Shield, nonrecommendations for promotion,...
NAVY | BCNR | CY2008 | 08760-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 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 | 12263-08
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 were advised that you were being administratively separated with .an other than honorable (OTH) discharge due to misconduct and you waived your procedural right to an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2008 | 02859-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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 19 March 1993, you were so discharged.
NAVY | BCNR | CY2012 | 01485 12
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 waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), on 20 July 1990, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. ...