DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3641-10
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 8 February 1990 at age 17 and served
without disciplinary incident until 30 August 1990, when you
received nonjudicial punishment (NJP) for assault. On 26 June
and 25 September 1991 you received NUP for two periods of absence
from your appointed place of duty. On 10 November 1992 you
received your fourth NUP for participating in indecent acts with
another Sailor, improper hazarding of a vessel, communicating a
threat, and assault. About four months later, on 4 Mareh 1995,
you received NUP for assault as evidenced by your choking a
fellow shipmate.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of 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 6 March
1993 your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to a
pattern of misconduct and commission of serious offense. On 12
March 1993 the discharge authority approved this recommendation
and directed your commanding officer to issue you a general
discharge by reason of misconduct. A month later, on 14 April
1993, you received your fifth NJP for underage drinking, drunk
and disorderly conduct, and communicating a threat. Nonetheless,
on 29 April 1993, you were issued an other than honorable
discharge by reason of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in six NJUPs.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, no discharge is automatically upgraded due solely to an
individual's good post service conduct or the passage of time.
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,
NAVY | BCNR | CY2010 | 11360-10
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. On 29 October 1991 an ADB recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and commission of a...
NAVY | BCNR | CY2011 | 00952-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November S011. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of thisconduct. 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 | CY2008 | 05284-08
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 7 April 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 | CY2010 | 02193-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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. 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 | 05280-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 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 | CY2011 | 01157-11
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 7 August 1989 you received NJP for absence from 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 | CY2007 | 06094-07
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. In connection with this processing you acknowledged that separation could result in an other than honorable (OTH) discharge and elected the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2013 | NR4415 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. 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 | 02004-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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 | CY2009 | 02153-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. Documentary marerial 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 ADB voted three to zero in favor of an under other than honorable discharge due to a pattern of misconduct.