DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
SIN
Docket No: 12420-09
2 September 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 31 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 March 2000. The Board found that you were convicted by special
court-martial (S$PCM) of leaving your place of duty without
authority, two specifications of assaulting a commissioned
officer, dereliction of duty, and communicating a threat toward a
commissioned officer. You were sentenced to confinement, a
forfeiture of pay, and a reduction in paygrade. Subsequently,
administrative separation action was initiated to separate you by
reason of misconduct due to commission of a serious offense.
Your case was forwarded and the separation authority directed
that you receive an other than honorable (OTH) discharge. On
21 November 2001, you received an OTH discharge. 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, record of
service, and desire to change your RE-4 reenlistment code.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reenlistment code given your
SPCM conviction for very serious offenses. Finally, an RE-4
reenlistment code must be assigned to all Sailors discharged due
to 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,
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 | CY2010 | 00394-10
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NAVY | BCNR | CY2010 | 00345-10
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NAVY | BCNR | CY2009 | 07928-09
A three-member panel of the Board for Correction of Naval Ss sitting in executive session, considered your on on 11 May 2010. On 12 September 1990, the ADB met and unanimously found that you committed a serious offense, failed alcohol rehabilitation, and recommended that you be separated with a general discharge. 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 | 08527-09
Code, section 21552, A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2010. 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 from 1978 to 1982, and received an honorable discharge and an RE~1 reenlistment code.
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NAVY | BCNR | CY2009 | 10516-09
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NAVY | BCNR | CY2010 | 11372-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2011. 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 13 April 2005, your case was forwarded and the discharge authority concurred with the ADB’s finding and recommendation, and directed that you be...
NAVY | BCNR | CY2009 | 10524-09
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 9 September 1987, you were notified that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) discharge due to misconduct (commission of a serious offense). Consequently, when applying for a correction of an official naval record, the burden is on the applicant...