DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7500-09
28 May 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 26 May 2010. Your allegations of error and
injustice were réviewed 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 entered active
duty in the Navy on 26 July 1990. On 22 March 2007, you pied
guilty at a general court-martial to conduct unbecoming an
officer and a gentleman for fraudulently filing false Overseas
Housing Allowance documents and leasing agreements. claiming
that you were renting property in order to obtain increased
payments each month. You received $21,401.04 in unauthorized
funds. You were sentenced to a punitive letter of reprimand
and forfeitures of $1,600.00 pay per month for 18 months. You
were required to show cause before a Board of Inquiry (BOI) as
to why you should be allowed to remain on active duty. On 9
August 2007, the BOI found that you had committed misconduct
and recommended that you be separated with a general discharge.
On 28 December 2007, the discharge authority approved the BOI’s
recommendation, and you were so discharged on 6 February 2008.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your many years of
honorable service. However, the Board concluded that your
discharge should not be set aside or that you be retired
because of your serious misconduct. Regarding your counsel's
argument that you were denied due process since the BOI report »
was not provided to him in a timely manner for rebuttal, the
Board particularly noted that you were scheduled to receive an
honorable discharge on 1 January 2008 for failing twice of
selection for promotion to commander, pay grade 0-5. The Board
found the discharge authority made his decision on 28 December
2007, the last business day prior to when you would have
received an honorable discharge. The Board also noted that you
were fortunate to receive a general discharge, because normally
when an individual is separated for misconduct, he is given an
other than honorable characterization of service. In view of
the above, 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,
W. DEAN SS
Executive Ditettor
Copy to:
NAVY | BCNR | CY2008 | 09343-08
After careful and conscientious consideration of the entire record, and notwithstanding the advisory opinion from Headquarters Marine Corps, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. The BOI recommended that you be separated with a characterization of service of under honorable conditions. As indicated above, you were notified by the Show Cause Authority -on 18 February 2005 that the BOI was not limited...
NAVY | BCNR | CY2013 | NR647 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2013. In addition, the Board considered the report of the Naval Discharge Review Board (NDRB), dated 25 April 1990, a copy of which is attached. The Board believed you were fortunate to receive a general characterization of service, since individuals who are separated due to misconduct normally receive other than honorable discharges.
NAVY | BCNR | CY2014 | NR827 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 2015. The Board, in its review of your record and application with its supporting documentation, carefully weighed all potentially mitigating factors, guch as your allegations that your discharge was improperly effectuated, a BOL recommendation was not given due consideration, and an injustice occurred when you were refused orders that would allow you to...
NAVY | BCNR | CY2009 | 07698-09
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. Nevertheless, it appears that on 23 July 2007, you were granted access to your computer account and again violated the SAAR by accessing an unauthorized website and downloading pornographic Materials. Shortly thereafter, on 26 September 2007, your appeal was denied and the NJP upheld...
NAVY | BCNR | CY2010 | 06480-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 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. It also considered your desire to have your record reflect that you were recommended for a commission in the Marine Corps Reserve.
NAVY | BCNR | CY2010 | 07374-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 May 2011. The rec ra reflects that on 17 May 2007 you were subsequently found guilty of only one specification of conduct unbecoming an officer and a gentleman for the period cited “between on or about November 2004 and on or about May 2005." The Board concluded that your commanding officer's decision to impose the foregoing NUP, and the punishment imposed,...
NAVY | BCNR | CY2009 | 10703-09
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. 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 | 03784-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. The Board also found that no error or injustice occurred in your administrative separation as a probationary officer and recoupment of your NROTC...
NAVY | BCNR | CY2009 | 10370-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2009. In August 2006, the Navy Personnel Command directed that you show cause before a board of inquiry (BOI) as to why you should be retained in the Naval service. Your resignation letter specifically noted that you understood that, if your resignation was accepted you “shall subsequently receive a certificate of general discharge” and that you “could be...
NAVY | BCNR | CY2010 | 08526-10
B three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2011. On 28 February 2006, you endorsed the report of NUP requesting that you not have to show cause for retention in the Navy. 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.