DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05646-09
1 October 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, se@ction 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 23
September 2010. After careful consideration of your application,
the Board concluded that your application was not timely filed, and
that it would not be in the interest of justice to excuse your failure
to submit your application in a timely manner. It concluded that you
were aware of the alleged errors and injustices in your record on
28 June 1995, when you were honorably discharged, in accordance with
your request, by reason of homosexual conduct admission. The Board
was not persuaded that you were unfit for duty by reason of physical
disability at that time, or that you had the right to serve out the
remainder of your enlistment, which would have expired on 30
September 1995. In addition, it noted that as reenlistment is a
privilege rather than a right, you would not have had the right to
reenlist even if you had completed the full term of your enlistment.
You may request reconsideration of this decision. Your request must
include newly discovered relevant evidence which was not reasonably
available to you when you submitted your application. The evidence
May pertain to the timeliness of your application or to its merits.
Absent such additional evidence, further review of your application
is not possible.
It 1s regretted that a more favorable reply cannot be made.
Sincerely,
Lean
W. DEAN F
Executive reatyco
NAVY | BCNR | CY2002 | 04768-01
The first action, You reenlisted in the Navy on 23 November 1998 and applied to the Board for additional corrective action. However, individual is advanced at a later date. you are again requesting that your reenlistment You also request The Board concluded that the two previous actions of the Board provided sufficient relief in your case.
NAVY | BCNR | CY2009 | 03097-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2010. The Board noted that applicable regulations authorize the assignment of an RE-4 reenlistment code to individuals who are é separated due to personality disorder. 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 | 07918-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 2010. The Board concluded that you were aware of the alleged error or injustice in your record when you were released from active duty in 1994 and discharged by reason of misconduct/drug abuse in 1995, witha discharge under other than honorable conditions. Your request must include newly discovered relevant evidence which was not reasonably available...
NAVY | BCNR | CY2009 | 02597-09
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. On 30 May 1996, administrative discharge action was initiated by reason of PRT failure. Consequently, when applying for a...
NAVY | BCNR | CY1999 | 07758-98
your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. not set forth a reason for separation of The reason for separation of The Board was also aware that Navy regulations do "erroneous enlistment-drug "preservice drug abuse." 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 | 05850-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was snsufficient 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...
NAVY | BCNR | CY2009 | 05128-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. The Board noted that there was no evidence in your record to support your contention that you were separated for a different reason. 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 | 10723-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to change your entry level separation by. 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 | 09932-09
These requests were denied on 2 September 2004. In addition, the Board considered the advisory opinion from the Headquarters Marine Corps (HQMC) Career Management Team (CMT), dated 24 July 2008 with enclosures, and the reports of the HQMC Performance Evaluation Review Board (PERB), dated 18 September 2008 and 8 September 2009, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 12857-09
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 9 November 1994, you received your second NUP for failure to go to your appointed place of duty and were awarded restriction and extra duty for 30 days and a $388 forfeiture of pay, which was suspended for six months. In this regard, the Board determined that a personal...