DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6543-09
6 duly 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 9 June 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 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 1 October 1989.
On 29 April 1991 a special court-martial convened and found you
guilty of unauthorized absences totaling 98 days and breaking
restriction. The court sentenced you to confinement at hard
labor for four months, forfeiture of $400.00 per month for four
months, and reduction in pay grade,
On 19 July 91 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to the commission of a serious
offense. After being informed of the recommendation, you elected
to waive the right to consultation with and representation by
counsel and to present your case to an administrative discharge
board. As you were recommended for discharge because of offenses
of which you had been convicted by a special court-martial which
did not impose a punitive discharge, the recommendation was
forwarded to the Assistant Secretary of the Navy for Manpower and
Reserve Affairs for review and action. The Secretary approved
the recommendation on 29 August 1991. On 6 September 1991, the
Commander, Navai Military Personnel Command directed that you be
discharged under other than honorable conditions by reason of
misconduct. You were so discharged on 24 September IO
In its review of your application, the Board carefully considered
your contention that bipolar depression and depression caused
your misconduct. The Board concluded that the positive aspects
of your service were outweighed by your repeated acts of
misconduct. It was not persuaded your misconduct was related to
any mental disorder, Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to upgrade your discharge, 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 importamt 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 E
Executive tor
NAVY | BCNR | CY1999 | 06765-09
Documentary material considered by the Board consisted of your application, together with ail 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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 06765-09
Documentary material considered by the Board consisted of your application, together with ail 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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 04186-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 | 02608-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. On 12 September 1991, you were so discharged. 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 | CY2007 | 02422-07
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.On 23 December 1985, you reenlisted in the Navy at age 25 after a prior period of honorable service. ...
NAVY | BCNR | CY2010 | 04295-10
The Board did not consider your request for correction of your reentry code as that request was previously denied, and you have not submitted any new material evidence concerning that request. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2002 | 00692-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. 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 together with all material submitted in support and applicable statutes, regulations, Your allegations of error and After careful and conscientious consideration of...
NAVY | BCNR | CY2007 | 06392-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2008. 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 | CY2009 | 06521-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 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 | CY2007 | 07508-07
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 19 March 1990 at age 25. on 3 April 1990 you were convicted by civil...