DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02619-09
14 December 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.
‘A three-member panel of. the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 December 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 and began a period of active duty on 2
_. January .1979..atcage 19. On 31 May 1979, you received nonjudicial
punishment (NUP) for wrongful possession of marijuana and
possession of two knives with blades exceeding three inches in
length. On 8 November 1979, you received NUP for assault and
battery. On 23 January 1980, you received NUP for three
instances of unauthorized absence (UA) from your appointed place
of duty. On 8 February 1980, you were convicted in civilian
court of disturbing the peace and petty larceny in Portsmouth,
Virginia. On 8 June 1980, you received NUP for disobeying an
order by smoking in an unauthorized space (pyrotechnics
magazine}. On 3 July 1980, you received NUP for assault and
breach of the peace. Additionally, after your second NUP, you
were counseled and warned that further misconduct could result in
administrative discharge action. On 6 July 1980, administrative
discharge action was initiated to separate you by reason of
misconduct due to frequent involvement of: a discreditable nature
with civil and military authorities. You waived your rights to
consult counsel, or have your case heard by an administrative
discharge board {ADB). You did, however elect to submit a
written statement. On 22 July 1980, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions. On 30 July 1980, the discharge
authority directed an OTH discharge by reason of misconduct due
to frequent involvement. On 8 August 1980 you were so
discharged.
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 recharacterization
of your discharge given the seriousness of your misconduct, and
the fact that you were counseled and warned concerning the
consequences of further misconduct. Finally, the Board found
that you waived the right to an ADB, your best chance 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 | CY2008 | 03403-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 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. Nevertheless, the Board concluded that these factors and contentions were not sufficient to warrant recharacterization of your discharge due to the...
NAVY | BCNR | CY2013 | NR2489-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. 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 .
NAVY | BCNR | CY2006 | 06405-06
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 7 July 1978 you enlisted in the Navy at age 18, and on 31 October 1978 you received nonjudicial...
NAVY | BCNR | CY2010 | 11454-10
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 28 November 1982, you received NJP for unauthorized absence from your unit for a period of six days. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2010 | 04498-09
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 12 September 1980, you received NUP for 16 periods of failure to go to your appointed place of duty and a 20 day period of UA. 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...
NAVY | BCNR | CY2008 | 00598-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 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...
NAVY | BCNR | CY2009 | 02414-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 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 8 October 1983, the discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY1999 | 05442-09
of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of . 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 | 02963-09
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. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (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...
NAVY | BCNR | CY2009 | 08620-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 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.