DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9658-09
a3 duly 2010
Dear VPs :
This is in reference to your application for correction of your
naval record pursuant to the provisions of 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 20 July 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 1 November 1989 at age 17 and began a
period of active duty on l October 1990. You served for about
eight months without disciplinary incident, however, on 8 June
and again on 9 August 1991, you received nonjudicial punishment
(NIP) for absence from your appointed place of duty, missing the
movement of your ship, disobedience, and disorderly conduct.
About six months later, on 13 March 1992, you received your third
NOP for absence from your appointed place of duty.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to pattern of
misconduct. At that time you waived your procedural rights to
legal counsel and an administrative discharge board (ADB). On 21
May 1992 you received your fourth NUP for absence from your
appointed place of duty. Nonetheless, on 12 June 1992, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to pattern of
misconduct. Shortly thereafter, the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct and on 18 June 1992
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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in four NJPs.
Finally, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
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,
W. DEAN PF
Executive Dye
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. On 9 November 1990 you received NJP for absence from your appointed place of duty.
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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...
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NAVY | BCNR | CY2010 | 02173-10
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 6 May 1992 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and alcohol rehabilitation failure. Consequently, when applying for a correction of an official naval record, the burden...
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