DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 04091-10
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 4
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
Having successfully served on active duty in the Marine Corps from
2 November 1987 to 27 December 1993 you were honorably discharged.
On the next day following your discharge you reenlisted for a term
of four years. Unfortunately you only served a little over two years
and were administratively separated with an other than honorable
discharge (OTH) due to your committing a serious offense in the
civilian community. Specifically on the evening 6 June 1995,
following an argument with another service member over his wife you
produced a pistol and fired one shot through the front door of the
service member’s apartment while he and his wife were inside.
genuine remorse for having committed this offense as well as your
commendable post service conduct does not outweigh the seriousness
of your misconduct. Clearly intentionally firing a pistol into
premises occupied by others is highly dangerous. Moreover the Board
noted that at the time you committed this offense you were 26 years
old and held a position of leadership having been promoted to
sergeant. Under these circumstances the Board found that your
discharge was properly issued an should not be changed now as a matter
of clemency. j
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 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,
\DonS
W. BAN PRY
Executive
NAVY | BCNR | CY2002 | 00870-01
870-01 24 January 2002 Dear Mr.- 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 16 January 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 3...
NAVY | BCNR | CY2006 | 09097-06
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you served active duty in the US Army from 6 August 1985 to 21 November 1991,...
NAVY | BCNR | CY2010 | 00345-10
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. The Board found that you reenlisted in the Navy on 19 March 1984, after more than three years of honorable service.
NAVY | BCNR | CY2010 | 09827-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 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. Subsequently, your request for discharge was granted and, on 10 July 1992, you received an other than honorable discharge in lieu of trial by court-martial.
NAVY | BCNR | CY2008 | 08331-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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. In this regard the Board believed that considerable clemency was shown to you when your request for discharge was granted.
NAVY | BCNR | CY2002 | 07476-01
Punishment imposed consisted of a suspended On 25 April 1995 you were notified that administrative separation action was being initiated to discharge you under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense. present your case to an administrative discharge board You appeared before an ADB with counsel on 14 August 1995. The found you had committed misconduct due to ADB, by a vote of 3-0, a pattern of misconduct and...
NAVY | BCNR | CY2009 | 06943-09
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 all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Your request was approved by the discharge authority, and you received a discharge under other than honorable conditions on 3 November 1980.
NAVY | BCNR | CY2010 | 10229-10
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 reenlisted in the Marine Corps on 25 February 1975 after nearly two years and eight months of...
NAVY | BCNR | CY2001 | 03292-01
3292-01 27 August 2001 Dear _ 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 August 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. (NJP) for...
NAVY | BCNR | CY2010 | 01122-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2010. You were so discharged on 18 October 1963. 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.