DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04481-09
19 April 2010
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 13 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.
You enlisted in the Navy and began a period of active duty on
1 September 1987 at age 18. On 24 November 1991 and 16 April
1992, you received nonjudicial punishment (NJP) for disobedience,
provoking speech, drunk and disorderly conduct, disrespect,
insubordinate conduct, and driving under the influence.
On 19 May 1992, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
then waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 27 May 1992, your commanding officer forwarded your case to
the separation authority recommending that you receive an other
than honorable discharge. On 3 June 1992, the separation
authority directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. You were so
discharged on 10 June 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your two NJP’s for serious offenses. Further,
the Board noted 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 | CY2010 | 01584-10
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. Further, you were given an opportunity to defend your actions, but waived your procedural ‘yight to present your case to an 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 | CY2010 | 00271-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. the Board did not;consider whether to upgrade your discharge or Change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 11373-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct due to commission...
NAVY | BCNR | CY2009 | 11744-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 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,...
NAVY | BCNR | CY1999 | 05767-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on i8 May 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 4 February 1992 you were again convicted by SCM of a 28 day period of UA.
NAVY | BCNR | CY2010 | 06143-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 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 | 06133-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, 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 | 09595-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 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. After waiving your procedural rights to legal counsel and an administrative discharge board (ADB), your commanding officer recommended discharge...
NAVY | BCNR | CY2009 | 10742-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. However, the record does not reflect the disciplinary action taken, if any, for this period of UA. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010.
NAVY | BCNR | CY2007 | 07072-07
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 11 July 1990 at age 19 and served without disciplinary incident until 16...