DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5100
URE
Docket No. 09970-0959
25 January 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 7 January 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.
You enlisted in the Navy on 24 August 1989. -On 10 January 1990,
a medical board gave you diagnoses of major depression, alcohol
abuse, suicidal ideation, and a borderline personality disorder,
each of which existed prior to your enlistment and were not
service aggravated. The medical board recommended that you be
discharged from the Naval Service without entitlement to
disability benefits. Your commander opted to process you for
separation by reason of homosexuality as well as
misconduct/commission of a serious offense, based on your record
of nonjudicial punishment for violation of an order and conduct
prejudicial to the good order and discipline of the service, and
conviction by summary court-marital of the theft of a two
wedding bands and a engagement ring of a value of $700.00. On 27
April 1990, after being advised of your rights in connection
with the proposed separation, you waived all rights. You were
discharged under other than honorable conditions on li July
1990, by reason of misconduct/commission of a serious offense.
The Naval Discharge Review Board denied your request for upgrade
of your discharge on or about 4 February 2000.
As you were found unfit for duty due to conditions that were not
incurred in or aggravated by your naval service, and as you were
discharged by reason of misconduct, which takes precedence over
disability processing, there is no basis for correction your
record to show that you were retired from the Navy by reason of
physical disability, or discharged with entitlement to
disability severance pay. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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
Executive ctor
NAVY | BCNR | CY2009 | 06050-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. 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 | 03595-09
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 28 November 1990, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense, You waived your rights to consuit counsel, submit a statement or have your case heard by an administrative discharge board (ADB). Consequently, when applying...
NAVY | BCNR | CY2009 | 04567-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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 27 June 1990, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2009 | 02203-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . Documentary material considered by the Board consisted of your application, together with aii 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 material error or injustice.
NAVY | BCNR | CY2010 | 03582-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. Documentary material considered by the Board consisted of your application, together with all material gubmitted 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 | 11744-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 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,...
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 | CY2009 | 08122-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2010. You elected to have your case heard by an administrative discharge board (ADB). 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 | CY2002 | 07476-01
Punishment imposed consisted of a suspended On 25 April 1995 you were notified that administrative separation action was being initiated to discharge you under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense. present your case to an administrative discharge board You appeared before an ADB with counsel on 14 August 1995. The found you had committed misconduct due to ADB, by a vote of 3-0, a pattern of misconduct and...
NAVY | BCNR | CY2009 | 08749-09
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. 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 of injustice. After waiving your procedural rights, your commanding officer recommended discharge under other...