DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01053-10
15 October 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 14 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 29 October 1986, and began a period
of active duty on 10 August 1987, at the age of 17. On
10 December 1988, you received nonjudicial punishment (NUP) for
violating a Battalion order by having alcohol in the barracks.
On 4 April 1989, you were convicted at a special court-martial
(SPCM) of nine incidents of dishonorable failure to maintain
sufficient funds in the amount of $1,347. You were sentenced to
a forfeiture of $900, reduction in pay grade, confinement at hard
labor for 45 days, and a bad conduct discharge (BCD). The
discharge authority directed the execution of your BCD. On
31 August 1989, after appellate review, you were so discharged.
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 one NUP and conviction by
SPCM, Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
FEGuest ;
2
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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 | 02589-09
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NAVY | BCNR | CY2009 | 13316-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. On 31 August 1990, the discharge authority directed the execution of your BCD. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. On 30 August 1989, you received NJP for UA Erom your appointed place of duty. 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 | 00468-10
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A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
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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...
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NAVY | BCNR | CY2008 | 03537-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 03372-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. Additionally, after your second NUP, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 02609-09
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