DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01549-09
12 May 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 2 April 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 Marine Corps on 18 March 1992, and served
Without disciplinary incident until 17 June 1993, when you were
counseled regarding displaying poor judgment pertaining to civil
Matters. Additionally, on 6 June 1994, you were not recommended
for promcetion due to your lack of maturity and sound decision
making.
Shortly thereafter, you received the following actions: on 28
December 1994, you were counseled for poor decision making
regarding your spouse; on 22 November 1996, you were involved in.
an altercation with your spouse, off base, which resulted in a
military protective order against you; on 14 May 1998, you were
‘counseled for falsely representing yourself in civil court; on 22
June 1998, you were counseled for being disrespectful in language
to a senior noncommissioned officer during a live fire exercise;
and on 27 August 1998, you were counseled again for failure to
obey a lawful order.
Further, on 10 September 1998, you received nonjudicial
punishment for unauthorized absence and disobeying a lawful
order. Furthermore, on 15 June 1999, you were counseled again
for poor living conditions while living at the bachelor enlisted
quarters. Therefore, on 23 January 2000, after you had completed
your obligated service, you were not recommended for retention by
your commanding officer, separated with an honorable discharge
and assigned an RE-3C reenlistment code for non- retention on
active duty due to your disciplinary issues.
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 a change to your reenlistment code due
your poor judgment and disciplinary issues. Accordingly, your
application has been denied.
The names and votes of the members of Ene 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,
VO te ES, eV
ROBERT D. ~ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2009 | 12857-09
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 9 November 1994, you received your second NUP for failure to go to your appointed place of duty and were awarded restriction and extra duty for 30 days and a $388 forfeiture of pay, which was suspended for six months. In this regard, the Board determined that a personal...
NAVY | BCNR | CY2002 | 01155-02
In response to the draft action, on 11 March 1998 you submitted the following statement: I am aware of the consequences of this conviction in both the Naval Service and the Civil System and I accept full responsibility for my actions. On 14 December 1998 the Commander, Training Wing FIVE submitted a final Civil Action Report to Navy Personnel Command that stated, in part, as follows: This is not (LTJG M's; alcohol related incident February 1998 for a DUI offense on 22 July 1997 and...
NAVY | BCNR | CY2009 | 01516-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2009. 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. 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 | CY2001 | 07822-00
you exercised poor judgment and immaturity in the handling of your financial affairs, been involved in two incidents of The reporting senior noted that during this period Your performance as an EW2 However, the domestic violence, and failed your semi-annual physical readiness test. discharged on 24 March 2000 with an You were not recommended for retention and were honorably RX-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2010 | 03038-10
A three-member panel of the Board for Correction of Naval Records, 7itting in executive session, considered your application on 25 January 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. On 5 December 1994 an ADB recommended discharge under other than honorable conditions by reaton of misconduct due to commission of a...
NAVY | BCNR | CY2006 | 06827-06
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 28 October 1981 you enlisted in the Marine Corps at age 18. On that same date, you were separated...
NAVY | BCNR | CY2010 | 06128-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 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 Board concluded that your nonrecommendation for retention, ineligibility for reenlistment due to the diagnosed physical or mental condition,...
NAVY | BCNR | CY2001 | 03943-99
Though Petitioner's BCNR case file does not establish Petitioner's actual notice of the current version of DOD Directive 1010.4, the fact Petitioner's rehabilitative potential was affirmatively considered and assessed prior to his discharge makes resolution of this issue unnecessary. Application to Petitioner's case. drug use was evidenced by a urinalysis for methamphetamine and Petitioner's further drug use following a second positive urinalysis in Petitioner's history of drug use and...
NAVY | BCNR | CY2008 | 07443-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Nonetheless, you waived your procedural right to present your case to an 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.
ARMY | BCMR | CY2013 | 20130019847
The applicant requests removal of the following documents from his Army Military Human Resource Record (AMHRR): * a General Officer Memorandum of Reprimand (GOMOR), dated 4 December 2009 * a Relief for Cause Officer Evaluation Report (OER), for the rating period 1 July 2008 through 2 January 2010 (hereafter referred to as the contested OER) 2. The applicant states: a. The GOMOR stated: a.