Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 00356-09
Original file (00356-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00356-09
6 November 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. ,

-- BK three-member panel of the Board for Correction of Naval
“Records, sitting in executive session, considered your . .
application on 28 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. 7

After careful and conscientious congideration 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 4 period of active duty on

6 September 2000, at age 18. Between 15 June 2002 and

13 June 2003, you were the subject of a criminal investigation
conducted by the Ridgecrest Police Department and found to be
involved in a felony act of credit card theft and obstruction of
a public officer. On 28 April 2003, administrative separation
action was initiated by reason of misconduct due to a commission
of a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under honorable conditions
‘by reason of misconduct. The discharge authority directed a .
general discharge by reason of misconduct. On 13 June 2003, you
were so discharged. At that time you were assigned an RE-4
reenlistment code.

 

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 found that
these factors were not, sufficient to warrant changing the
reenlistment code or characterization of your discharge, given
your record of serious civil charges. In this regard, an RE-4
reenlistment code is required when an individual is discharged
prior to the expiration of his term of active obligated service
and is not recommended for retention. The Board also noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. The Board
believed you were fortunate to have received a general discharge,
because most individuals who are separated for misconduct receive
an other than honorable characterization. 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,

Similar Decisions

  • NAVY | BCNR | CY2010 | 01403-10

    Original file (01403-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 son Docket No: 01403-10 25 February 2010 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. 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...

  • NAVY | BCNR | CY2008 | 08760-08

    Original file (08760-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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 | CY2009 | 09023-09

    Original file (09023-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on @ 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. In this regard, you were assigned the appropriate reenlistment code based on your circumstances.

  • NAVY | BCNR | CY2009 | 02785-09

    Original file (02785-09.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. You were advised that you were being processed for administrative separation with a discharge under other than honorable (UOTH) conditions due to misconduct - commission of a serious offense {COSO), and alcohol rehabilitation failure. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2008 | 11558-08

    Original file (11558-08.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 25 June 1982, you were so discharged. Nevertheless, the Board found that these factors were not sufficient to warrant changing the reenlistment code or characterization of your discharge, given your misconduct.

  • NAVY | BCNR | CY2009 | 02675-09

    Original file (02675-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 December 2009. Therefore, you were recommended for separation with an other than honorable (OTH) discharge 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 | CY2009 | 02642-09

    Original file (02642-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. The Board did not consider whether to upgrade your discharge or change the narrative reason for separation because you have not exhausted your...

  • NAVY | BCNR | CY2008 | 07936-08

    Original file (07936-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. On 18 March 1988, you were notified of pending administrative separation processing for an other than honorable (OTH) discharge for commission of a serious offense (having sex with a 15 year old female). On 13 April 1988, you received the OTH discharge for misconduct for commission of a serious offense, and were assigned an RE-4 reenlistment code.

  • NAVY | BCNR | CY2009 | 00422-09

    Original file (00422-09.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 4 September 1991, administrative discharge action was initiated |. Nevertheless, the Board found that these factors were not sufficient to warrant changing the reason or characterization of your discharge, given your record of NJP for serious offenses.

  • 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...