DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6521-09
3 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions gt 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 2 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 3 August 1988 at age 17 and served
without disciplinary incident until 29 October 1990, when you
received nonjudicial punishment (NJP) for making a false official
Statement and altering a public record.
On 5 January 1991 you received NUP for failure to go to your
appointed place of duty and making a false official statement.
About six months later, on 17 June 1991, you received your third
NUP for two specifications of impersonating an officer and
wearing an unauthorized insignia.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 24 July 1991 an ADB recommended discharge under
honorable conditions by reason of misconduct due to commission of
a serious offense. Shortly thereafter, your commanding officer,
in concurrence with the ADB, also recommended discharge under
honorable conditions by reason of misconduct. On 7 October 1991
the discharge authority approved these recommendations and
directed your commanding officer to issue you a general discharge
by reason of misconduct due to commission of a serious offense,
and on 16 October 1991, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were not impersonating a naval
officer. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in three NOPs. Finally, there is documented evidence in
the record which is contrary to your assertion that you did not
impersonate an officer on two separate occasions. Accordingly,
your application has been denied.
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 | CY2013 | NR4892 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2014. 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. During this period of UA you were also declared a deserter, however, the record does not reflect the disciplinary action taken for this 36 day...
NAVY | BCNR | CY2011 | 00368-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2009 | 04730-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. As a result of this action, you failed the alcohol abuse rehabilitation program.
NAVY | BCNR | CY2008 | 02082-08
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, on 20 December 1991, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 00460-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 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...
NAVY | BCNR | CY2009 | 01702-09
A three-member: panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. Subsequently, the discharge authority directed separation under other than honorable conditions by reason of misconduct and on 8 August 1991 you...
NAVY | BCNR | CY2012 | 00488 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 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. On 30 May 1991 you were so discharged.
NAVY | BCNR | CY2008 | 11890-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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, reguiations, and policies. On 25 October 1991, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2010 | 06169-10
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. On 25 September 1990 an ADB recommended discharge under honorable conditions by reason of misconduct due to commission of a serious offense. 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 | CY2008 | 02464-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 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...