DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01223-10
10 November 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 9 November 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 Marine Corps on 8 February 1994, and began
active duty on 29 March 1994, at age 19. Between 3 February 1993
and 2 December 1996, you received three nonjudicial punishments
(NJP’s). You committed the following offenses: three incidents
of operating a motor vehicle while intoxicated, willfully
disobeying a general order, being in an unauthorized absence (UA)
status for 25 days, and three incidents of breaking restriction.
On 12 December 1996, 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 conditioys by reason of misconduct.- The discharge
authority directed an other than honorable discharge by reason of
misconduct. On 1 February 1997, you were discharged and received
an other than honorable characterization of service by reason of
your misconduct. At that time you were assigned an RE-4 reentry
code. “hy
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of three
NUJP's for misconduct. The Board noted that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. An RE-4 reentry code is required
owhen ATs SS aS Ie: is discharged for misconduct and is not
Frecommended or retention. Accordingly, your application has
Prec denied. The wames and votes of the members of the panel
will be furnished upon request.
4, * be
oy
718 régretted 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,
W. DEAN PFET
Executive Di
NAVY | BCNR | CY2007 | 09225-07
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. However, on 9 June 1995, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty.
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...
NAVY | BCNR | CY2010 | 11157-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2011. You waived your right to consult with counsel and 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 | CY2011 | 00979-11
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 18 December 1994, you were advised that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) discharge due to misconduct. In this regard, an RE-4 reentry code is required when an andividual is discharged for misconduct and is not...
NAVY | BCNR | CY2011 | 03787-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 January 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 th existence of...
NAVY | BCNR | CY2012 | 02314-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2013. 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 | CY2011 | 10173 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 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. On 8 September 1995, your case was heard and the ADB recommended that you receive an OTH discharge by reason of misconduct.
NAVY | BCNR | CY2012 | 00637 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §. 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.
NAVY | BCNR | CY2012 | 04035-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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 14 April 1994, administrative separation action was initiated by reason of misconduct (drug abuse).
NAVY | BCNR | CY2010 | 05221-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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. In this regard, an RE-4 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.