DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SsuN
Docket No: 11855-09
30 August 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 24 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 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
3 February 1975. The Board found that you received two
nonjudicial punishments (NJP’s) for disobedience, a 35 day period
of unauthorized absence, and missing movement. Additionally, you
were convicted by summary court-martial (SCM) of the use of
disrespectful language and communicating a threat. Subsequently,
you were notified of pending administrative separation action by
reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to an
administrative discharge board (ADB) provided you were
recommended for a general discharge. Your case was forwarded,
and the separation authority directed discharge under honorable
conditions by reason of unfitness. You were 60 discharged on
17 November 1975.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your two NJP’s and conviction by SCM. The Board
also noted that you waived your right to an ADB, your best chance
for retention or better characterization of service.
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,
W. DEAN P
Executive
NAVY | BCNR | CY2003 | 09051-03
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 Boardfoundthe evidence submitted was insucifficient to establish the existence of probable material error or injustice.Yours theenter the Navy at age 17. However, on 5 November 1975 you received another NJP for two UA’s...
NAVY | BCNR | CY2009 | 09930-09
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 6 July 1973, you received NUP for being UA for a period of 15 days. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an other than honorable discharge.
NAVY | BCNR | CY2009 | 07444-09
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 | CY2013 | NR4905 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2014. 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 applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2001 | 02231-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 September 2000. 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 and applicable statutes, regulations, thereof, your naval record, and policies. Given all the...
NAVY | BCNR | CY2013 | NR5909 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2014. 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 | 05955-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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 | CY2008 | 02007-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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. However, due to the lac™ of documented counseling required to separate under other than honorable conditions, the discharge authority directed that...
NAVY | BCNR | CY2009 | 09067-09
You also were convicted by three summary courts-martial (SCM) of two periods of UA, two specifications of Gisobedience, and absence from your appointed place of duty. You were notified of pending administrative separation action and an administrative discharge board (ADB) recommended that you be discharge from the service with an undesirable discharged due to unfitness. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 11827-08
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 October 2009. On 30 February 1979 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.