DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5190
REC
Docket No: 12120-09
25 August 2010
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 25 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, 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 22 November 1989, at age 19. Between
23 November 1990 and 9 July 1993, you received three nonjudicial
punishment ’s (NJP‘s). You committed the following offenses:
being in an unauthorized absence status on three occasions for a
period of 34 days. After your third NJP, you were counseled and
warned that further misconduct would result in you being
processed for an administrative discharge. On 13 July 1993, you
were notified that administrative discharge procedures were
initiated and that you would receive a general discharge and
reenlistment code of RE-4 upon your separation. Your case was
heard by an administrative discharge board (ADB), which voted
three to zero in favor of a general discharge. Your commanding
officer concurred with the ADB and forwarded his recommendation
that you be discharged with a general discharge by reason of
misconduct. The discharge authority directed a general discharge
by reason of misconduct. On 22 September 1993, you were 5O
separated and assigned a reenlistment code of RE-4.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of three NUJP’s for misconduct. The Board also
noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when an individual is found to have committed
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 wpon 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,
\ oa,
W. DEAN PF
Executive r
NAVY | BCNR | CY2009 | 04896-09
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. As a result of your failure to disclose this information, your commanding officer (CO) initiated administrative discharge action by reason of misconduct due to fraudulent entry. On 25 June 1993, the discharge authority directed that you be discharged by reason of fraudulent enlistment with...
NAVY | BCNR | CY2010 | 01223-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. On 1 February 1997, you were discharged and received an other than honorable characterization of service by reason of your 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 | CY2010 | 00546-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2010. However, the SARP at Corpus Christi Hospital and your command Drug and Alcohol Program Assistant (DAPA) Ggtermined that you were an alcohol rehabilitation failure and it was recommended that you be separated for not complying with the Peonmended treatment. On 27 February 2008, your case was heard by an administrative discharge board (ADB), which...
NAVY | BCNR | CY2009 | 03443-09
Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 January 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. Subsequently, your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review.
NAVY | BCNR | CY2010 | 01687-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. The ADB found you had committed misconduct but recommended that you be separated with a general discharge.
NAVY | BCNR | CY2009 | 11596-09
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. On 10 August 1993, administrative discharge action was initiated by reason of misconduct.
NAVY | BCNR | CY2009 | 08452-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. The discharge authority directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2011 | 04178-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. 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 | CY2010 | 00570-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2010. Nevertheless, the Board found that these factors were not sufficient to warrant changing your reenlistment code or the characterization of your discharge, given your record of two NJP’s for misconduct. 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 | 03551-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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...