DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 03551-09
26 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 24 February 2010. Your allegations of error and
injustice were reviewed sn 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 on 13 April 1993, and served without
disciplinary incident until 21 October 1993, when you received
nonjudicial punishment (NIP) for unauthorized absence (UA).
Shortly thereafter, you received the following disciplinary
actions: on 9 December 1993, for failure to go to duty at the
time prescribed; on 17 March 1994, you received NUP for two
specifications of failure to go to duty at the time prescribed ©.
and two specifications of failure to obey a lawful order; and or
19 May 1994, you received NIP for unauthorized absence, two
specifications of dereliction of duty, “agg three specifications
of being disrespectful toward senior petty officers. Therefore,
you were recommended for separation with an other than honorable
(OTH) discharge due to your pattern of misconduct. You were
advised of your procedural rights, and waived your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 20 June 1994, you were
separated with an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your misconduct.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, there ig no provision in the law or
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
Rd fata —
ROBERT D.~ZSALMAN ~
Acting Executive Director
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 | CY2011 | 03870-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 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...
NAVY | BCNR | CY2010 | 00828-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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 | CY1999 | 05359-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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 | 01495-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. Therefore, you were recommended for separation with an other than honorable (OTH) discharge due to your misconduct and conviction at a SPCM. 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 | 04677-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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...
NAVY | BCNR | CY2009 | 06188-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 2010. On 29 January 1994, administrative discharge action was initiated by reason 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 | 04203-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, consideréd your application on 24 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. Board.
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 | CY2010 | 03696-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 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...