DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 2363-09
24 February 2010
‘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 23 February 2010. The names and votes of the
members of the panel will be furnished upon request. 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 alli
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 4 August 1978 at age i9 and
immediately began a period of active duty. You served for a year
and nine months without disciplinary incident, but on 30 May 1980
you received nonjudicial punishment (NUP) for five periods of
absence from your appointed place of duty, three specifications
of disobedience, contempt, and disrespect. About eight months
later, on 17 January 1981, you received NJP for three periods of
absence from your appointed place of duty, dereliction of duty,
damage of a government vehicle, wrongful appropriation of
government property valued at $60, and wrongful possession of
cocaine. The punishment imposed was a $500 forfeiture of pay,
restriction and extra duty for 45 days, and a suspended reduction
in paygrade.
During the period from 29 January to 3 June 1982 you received NJP
on five more occasions for three periods of absence from your
appointed place of duty, a two day period of unauthorized
absence, missing the movement of your ship, and assault.
On 30 June 1982, three months prior to completion of your
required active service, you were released from active duty and
transferred to the Naval Reserve under honorable conditions. On
13 August 1984, at the expiration of your enlistment, you were
issued a general discharge certificate.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
release from active duty and discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your separation because of the seriousness
of your repetitive misconduct which resulted in seven NUPs.
Finally, Sailors with an extensive record of misconduct, such as
yours, normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general characterization of service. Accordingly,
your application has been denied.
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,
\hes :
Executive ctor
NAVY | BCNR | CY2010 | 01616-10
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 31 March 1983 you received your third NUP for three periods of absence from your appointed place of duty, a one day period of UA, failure to obey a lawful order, and two specifications of sleeping on watch. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2010 | 01575-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. 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 | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2012 | 00741-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. 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 | CY2012 | 03160-12
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. Additionally, you were counseled and warned after your second NUP that further misconduct could result in administrative discharge action. 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 | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2011 | 00210-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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. 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 | CY2008 | 05252-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. 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 | CY2006 | 05034-06
OS A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 2006. 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. 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 | 06346-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...