”
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN :
Docket No: 10364-09
29 July 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 27 July 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 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.
You enlisted in the Navy and began a period of active duty on
13 August 1985. The Board found that on 12 May 1987, you were
counseled with regard to receiving three counseling sessions, and
warned that further misconduct covld result in administrative
discharge action. However, during the period from 4 June 1987 to
2 September 1988, you received four nonjudicial punishments
(NJP's) for four instances of absence from your appointed place
of duty, wrongful use of a government telephone, disrespectful
language, and being incapacitated for the proper performance of
duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to pattern of misconduct. On 7
October 1988, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NUP’s and the fact that you were counseled and
warned of the consequences of further misconduct. Accordingly,
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,
Qos
W. DEAN PFEIFFER
Executive Direadt
NAVY | BCNR | CY2009 | 00731-09
On 20 June 1988, you received NUP for wrongful use of marijuana and UA. Additionally, after your third NUP, you were counseled and warned that further | misconduct could result in administrative discharge action.. On 27 June 1988, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. Board.
NAVY | BCNR | CY2009 | 04685-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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 19 December 1985, you received nonjudicial punishment (NUP) for a four day period of unauthorized absence (UA) from your unit and dereliction of duty.
NAVY | BCNR | CY2009 | 06180-09
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 16 November 1987, administrative discharge action was initiated by reason of misconduct. The discharge authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
NAVY | BCNR | CY2009 | 03292-09
A three-member panel of the Board for Correction of Naval “Records, sitting in executive session, considered your application on 17 February 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...
NAVY | BCNR | CY2009 | 06195-09
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. Additionally, after your second NUP, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2010 | 00131-10
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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to pattern of misconduct. 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 | CY1999 | 05735-09
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. The Board noted you were counseled and warned after your first NUP, that further misconduct could result in administrative discharge action. 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 | 12399-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 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. Additionally, you were counseled and warned after your third NUP that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2008 | 01737-80
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued...
NAVY | BCNR | CY2007 | 10981-07
A three-member panel} of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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, the Bdard concluded that these factors and explanation were not) sufficient to warrant recharacterization of your discharge due...