DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4030-09
21 August 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 19 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 22 January 1930.
On 12 February 1993 you received nonjudicial punishment for
committing sodomy. On 25 February 1993 your commanding officer
recommended that you be honorably discharged by reason of
homosexuality. The recommendation was approved, by the
separation authority, and you were honorably discharged on 19 May
1993 .
The Board carefully considered your unsubstantiated contentions
to the effect that your misconduct was caused by mental iliness
and you were not responsible for your actions. The Board was not
persuaded that you did not know right from wrong and could not
adhere to the right, and it concluded that you have not
demonstrated that your reason for discharge is erroneous or
unjust. Accordingly, your application has been denied. The
names and votes of the membexs 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,
W. DEAN P
Executive Di
NAVY | BCNR | CY2008 | 02077-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. On 13 August 1992 you were convicted by summary court-martial (SCM) of wrongful use of marijuana.
NAVY | BCNR | CY2008 | 02859-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. On 19 March 1993, you were so discharged.
NAVY | BCNR | CY2009 | 00126-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2009. 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 | 02664-09
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 2 November 1993, 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 | CY2008 | 09652-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2009. In this regard, an RE-4 reenlistment code is authorized when a Sailor is discharged due to PRT failure and not recommended for retention. 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 | 05434-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. On 24 February 1994 the discharge authority approved this recommendation and directed separation under honorable conditions by reason of misconduct, and on 10 March 1994 you were so discharged. Further, you were given a opportunity to defend your actions, but waived your procedural right to present your case to an ADB.
NAVY | BCNR | CY2009 | 02957-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 December 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...
NAVY | BCNR | CY2008 | 09336-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2009. The separation authority approved the recommendation and on 26 February 1993, you were separated with an OTH discharge and an RE-4 reenlistment code. 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 | CY2008 | 06151-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 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 | CY2011 | 03844-11
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful use of marijuana.