Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 03113-09
Original file (03113-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

REC
Docket No: 03113-09
15 April 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 14 April 2010. 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.

You enlisted in the Navy on 30 June 1987. On 27 January 1998,

you were counseled concerning your personal irresponsibility

which caused a $2,560 phone bill for area code 900 services. On
5 February 1998, you received counseling concerning your
misconduct due to the commission of a serious offense by
violating a lawful order by continuing to make phone calls to the
area code 900 service. You were notified that administrative
discharge procedures were initiated and that you would receive a
general discharge and a reenlistment code of RE-4 for your
misconduct. You were referred to the Command Financial
Specialist on 3 March 1998, which identified that you had a
Substantial amount of indebtedness which totaled $7,523. You
received the general discharge and RE-4 reenlistment code on

13 March 1998.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your RE-4 reenlistment code
oer character of service, given your record of misconduct. The
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is found to have committed
misconduct. 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,

Lo Suen
W. DEAN E
Executive D or

Similar Decisions

  • NAVY | BCNR | CY2010 | 10442-10

    Original file (10442-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 October 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. In connection with this processing, you would have acknowledged the separation action and the discharge authority would have approved a recommendation for...

  • NAVY | BCNR | CY2010 | 00564-10

    Original file (00564-10.pdf) Auto-classification: Denied

    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 LIyUustice., You reenlisted in the Navy on 14 May 1984. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of conviction by SPCM of drug abuse and misconduct. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2009 | 10464-09

    Original file (10464-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 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. 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 | 01736-09

    Original file (01736-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . Documentary ; material considered by thé 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 material error or injustice.

  • NAVY | BCNR | CY2009 | 02153-09

    Original file (02153-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. Documentary marerial 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 ADB voted three to zero in favor of an under other than honorable discharge due to a pattern of misconduct.

  • NAVY | BCNR | CY2009 | 02289-09

    Original file (02289-09.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 served without disciplinary incident until 18 August 1980, when you received nonjudicial punishment (NJP) for wrongful possession of marijuana and three periods of failure to go to your appointed place of duty. Consequently, when applying for a correction of an official naval record,...

  • NAVY | BCNR | CY1999 | 08313-09

    Original file (08313-09.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 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. 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 | 08313-09

    Original file (08313-09.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 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. 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 | 13131-09

    Original file (13131-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 2010. After your first NUP, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. 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 | 04001-09

    Original file (04001-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...