Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 00762-10
Original file (00762-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 762-10
5 October 2010

 

eel pee

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 5 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 30 January 2003. You received nonjudicial
punishment on two occasions for driving under the influence of
alcohol and drunk and disorderly conduct. You were also
involved in another drunk and disorderly offense for which no
Gisciplinary action was taken. You were notified that your
commanding officer was recommending you for administrative
separation due to a pattern of misconduct. On 4 August 2005,
you received a general discharge due to a pattern of
misconduct, and were assigned an RE-4 (not recommended for
retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to reenlist in the armed forces, and post service Bachelor’s
Degree. However, the Board concluded that your reenlistment
code should not be changed because of your misconduct. The
Board concluded that you were fortunate to receive a general
characterization of service, because individuals who are
separated for misconduct such as yours normally receive an
other than honorable discharge. In view of the above, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
jou are advised that since your discharge is less than 15 years
‘d, you may apply to the Naval Discharge Review Board (NDRB)
for a possible upgrade: I have included NDRB’s application for
your convenience.

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
fave 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,

 

 

 

 

Enclosure

Similar Decisions

  • NAVY | BCNR | CY1999 | 06756-09

    Original file (06756-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 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. 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 | CY2010 | 00373-10

    Original file (00373-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | 05359-09

    Original file (05359-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 | CY2009 | 04571-09

    Original file (04571-09.pdf) Auto-classification: Denied

    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 31 July 1991, you received NUP for drunk and disorderly conduct. 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 | 06828-09

    Original file (06828-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 3 June 2010. , On 1 January 1990 you were referred for an evaluation due to alcohol abuse and assigned to a Level iII rehabilitation program. 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 | 06828-09

    Original file (06828-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 3 June 2010. , On 1 January 1990 you were referred for an evaluation due to alcohol abuse and assigned to a Level iII rehabilitation program. 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 | 04199-01

    Original file (04199-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 CRS Docket No: 4199-01 21 June 2001 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 A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 June 2001. injustice were reviewed in accordance with...

  • NAVY | BCNR | CY2007 | 09184-07

    Original file (09184-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 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. It also considered your assertion that your misconduct, discharge, and reenlistment code were the result of your abuse of alcohol.

  • NAVY | BCNR | CY2010 | 00250-10

    Original file (00250-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct.

  • NAVY | BCNR | CY2012 | 00923 12

    Original file (00923 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.