de cp
DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR .
Docket No: 2393-09
23 February 2010
This ig 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 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
injustice.
You enlisted in the Navy on 31 May 20012 at age 17 and began a
period of active duty on 11 February 2002. You served without
disciplinary incident until 16 December 2002, when you received
nonjudicial punishment (NIP) for failure to obey a lawful order.
During the period from 25 March to 16 December 2004 you received
NIP on four more occasions for three specifications of
disobedience, a one day period of unauthorized absence (UA), four
periods of absence from your appointed place of duty, four
specifications of failure to obey a lawful order, and
4nsubordination. Three months later, on 14 March 2005, you
received your sixth NUP for a 57 day period of UA and were
awarded an unspecified forfeiture of pay, restriction, and extra
duty.
On 8 January 2005 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB) .
Subsequently, your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to a
pattern of misconduct and commission of a serious offense. On 12
January 2005 the discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct and on 30 March 2005 you were so discharged.
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 your discharge, and change your
narrative reason for separation and reenlistment code. It also
considered your assertion that your discharge was unjust because
your numerous requests for leave due to family emergencies were
denied. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in six NUPs.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case.to an ADB.
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,
,
Executive Di
NAVY | BCNR | CY2009 | 02392-09
RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2010. Documentary material congidered 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 23 March 1988 you received NUP for two periods of UA totalling two days, failure to obey a lawful order, and four periods of absence from...
NAVY | BCNR | CY2009 | 04685-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 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. On 19 December 1985, you received nonjudicial punishment (NUP) for a four day period of unauthorized absence (UA) from your unit and dereliction of duty.
NAVY | BCNR | CY2009 | 03156-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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 initially enlisted in the Air Force from July 1972 to April 1974, and received an honorable discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 03787-09
R three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. 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 | 02574-09
A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 03292-09
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. 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 | 05280-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 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 | CY2010 | 00373-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 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 | 05054-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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. On 28 December 1976 the separation authority directed that you be separated for misconduct with a general discharge.
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.