DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 12127-09
25 August 2010
This ig 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 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 and began a period of active duty on
1 October 1976. Between 9 December 1977 and 29 June 1979, you
received nine nonjudicial punishments (NJP’s) which consisted of
four occasions of failure to obey a lawful order, two instances
of being in an unauthorized absence (UA) status, being
disrespectful in language toward a superior commissioned officer
and a senior petty officer, breaking restriction, being drunk and
disorderly in public and having possession of a controlled
substance. On 29 June 1979, administrative separation action was
initiated by reason of misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. The discharge
authority directed an other than honorable discharge by reason of
misconduct. On 29 June 1979, you were so discharged. At that
time you were assigned an RE-4 reenlistment code.
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 recharacterization
of your discharge, given your record of nine NJP’s for serious
offenses. The Board noted that you waived your rights to an ADB,
your best opportunity for retention or a more favorable
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,
NAVY | BCNR | CY2010 | 04319-09
A three-member panel of the Board for Correction of Navai Records, sitting in executive session, considered your application on 30 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. 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 | CY1999 | 07289-09
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 or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 07289-09
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 or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 06346-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 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. 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 | 10144-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 2010. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in nine NUJPs. 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...
NAVY | BCNR | CY2007 | 01905-07
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.On 9 July 1976, you enlisted in the Navy at age 20. On 1 May 1979, in connection with the...
NAVY | BCNR | CY2006 | 08897-06
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.On 25 November 1977 you enlisted in the Navy at age 17 with parental consent. In connection with this...
NAVY | BCNR | CY2008 | 07443-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Nonetheless, you waived your procedural right to present your case to an 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 | CY2009 | 02982-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 5 January 2010. On 26 March 1980, you were notified that administrative separation action. 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 | CY2001 | 02994-01
Dear This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 15 November 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. during the nine month period from November 1979 to December...