DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3627-10
9 February 2011
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 8 February 2011. The names and votes of the
members of the panel will be furnished upon request. 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 30 April 1985 at age 22 and began a
period of active duty on 5 November 1985. You served without
disciplinary incident until 11 December 1986, when you received
nonjudicial punishment (NUP) for an unspecified period of
unauthorized absence (UA). The punishment imposed was reduction
to paygrade E-2, restriction and extra duty for 30 days, and a
$100 forfeiture of pay. About three months later, on 6 March
1987, you again received NJP for an unspecified period of UA.
The following month, on 17 April 1987, you were convicted by
summary court-martial (SCM) of wrongful use of marijuana. You
were sentenced to confinement at hard labor for 25 days, a $300
forfeiture of pay, and reduction paygrade E-1.
On 26 August 1988 you received your third NUP for assault and
were awarded restriction and extra duty for 45 days, reduction to
paygrade E-1, and a $679.40 forfeiture of pay. Subsequently, you
were notified of pending administrative separation action by
reason of misconduct due to drug abuse and commission of a
serious offense. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). On 29 August 1988 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse and commission of a
serious offense. On 4 September 1988 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of
misconduct, and on 22 September 1988, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your discharge was unjust and
unfair because it was based on an altercation that was racially
motivated. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NOPs and a SCM, and included drug abuse. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion of racism. Accordingly, your application has been
denied.
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,
\pBeon
W. DEAN PF
Executive race O
NAVY | BCNR | CY2010 | 11357-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 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 | CY2008 | 05240-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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 probable...
NAVY | BCNR | CY2009 | 02392-09
RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2010. Documentary material congidered 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 23 March 1988 you received NUP for two periods of UA totalling two days, failure to obey a lawful order, and four periods of absence from...
NAVY | BCNR | CY2007 | 07698-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 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. 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 | 06732-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 April 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 | CY2009 | 03991-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 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 | 03615-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 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 | 03033-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2007 | 02911-07
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...
NAVY | BCNR | CY2011 | 04658-11
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 15 October 1987 the discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct and on 27 October 1987 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden...