Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 01727-10
Original file (01727-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

 

WASHINGTON DC 20370-5100

BAN
Docket No: 01727-10
21 October 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 21 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 had prior active duty service in the Navy in which you
received an honorable discharge. You reenlisted on 12 May 1966,
and served without disciplinary incident until 12 September 1966,
when you were in a unauthorized absence (UA) status. While UA,
you were arrested by civil authorities for breaking and entering
with intent to commit larceny. You were convicted of statutory
burgulary. Therefore, you were recommended for separation with
an other than honorable (OTH) discharge due to misconduct. You
waived your rights to consult with counsel and an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 22 March 1967, you were separated with an
OTH discharge due to misconduct and an RE-4 reenlistment code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, character reference letter, and prior honorable
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Additionally, the
Board found that you waived your procedural right to an ADB, your
best opportunity for retention or a better 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 #s 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 p FYAR
] L

Executive DWr

 

xr

Similar Decisions

  • NAVY | BCNR | CY2010 | 01683-10

    Original file (01683-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. However, while waiting to be separated from naval service, you went UA and continued in a UA status until you were discharged in absentia on 12 July 1991, with an OTH discharge and an RE-4 (not recommended for retention) reenlistment code due to a pattern of misconduct. Consequently, when applying for a correction of an official naval record, the...

  • NAVY | BCNR | CY2009 | 00211-09

    Original file (00211-09.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. You were recommended for an administrative separation due to your misconduct, and you exercised your right to request an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 00619-10

    Original file (00619-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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 | CY2009 | 03505-09

    Original file (03505-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2010. Documentary material considered by the Board consisted of your application, together with ail 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...

  • NAVY | BCNR | CY2010 | 00638-10

    Original file (00638-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. The Board noted that you were fortunate to receive a general discharge, because individuals who are separated for misconduct such as yours normally receive an OTH characterization of service. 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 | CY2009 | 12218-09

    Original file (12218-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 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 | 05182-09

    Original file (05182-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | CY2010 | 11436-10

    Original file (11436-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘ application on 20 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. 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 | CY2010 | 00604-10

    Original file (00604-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 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 | CY2009 | 07714-09

    Original file (07714-09.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. The Board also noted that as a result of your prior honorable service you may be eligible for veterans’ benefits. 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.