DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05227-10
3 March 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 2 March 2011. 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 and began a period of active duty on
31 July 1980. On 15 July 1981, you received nonjudicial
punishment (NJP) for being disrespectful toward a commissioned
officer and disobeying a lawful order. On 27 August 1981, you
received NUP for being in an unauthorized absence (UA) status for
one day. On 16 January 1982, you were convicted by a summary
court-martial (SCM) of four instances of disobeying a lawful
order, and wrongfully using provoking words. You were sentenced
to forfeitures of $367, reduction in pay grade, and confinement
at hard labor for 30 days. On 25 February 1982, you were
notified that administrative discharge procedures were initiated
and that you would receive a general discharge and a reenlistment
code of RE-4 upon your separation. However, your misconduct
continued, and on 23 March 1982, you received your third NJP for
five incidents of disobeying a lawful order. The discharge
authority directed a general discharge. You were so discharged
on 12 March 1982.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your narrative reason for
separation or your reenlistment code, given your record of three
NgP’s, and conviction by a SCM of misconduct. The Board also
noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. 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,
NAVY | BCNR | CY2010 | 04332-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011. 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 | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 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 | CY2010 | 07207-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2010 | 06671-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. 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 | 00325-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 REC Docket No: 00325-09 9 November 2009 This is in reference to your application for correction of your . 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 27 November 1981, you received NJP for another period of UA.
NAVY | BCNR | CY2011 | 00082-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...
NAVY | BCNR | CY2011 | 00210-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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 | 11695-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2009. your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board found that these factors were not sufficient to warrant changing the reason or characterization of your discharge, given your record of one Civilian conviction, two NJP’s and two...
NAVY | BCNR | CY2010 | 08034-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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...