Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 05247-10
Original file (05247-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 05247-10
16 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 16 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

22 April 2002. In February 2004, you were convicted by civil
authorities of operating a vehicle under the influence of
alcohol. On 23 March 2004, you received nonjudicial punishment
(NJP) for being absent from your appointed place of duty, failure
to go to your appointed place of duty, and failure to obey an
order by driving on base with a suspended license. On 23 March
2004, you were notified that administrative discharge procedures
were initiated and that you would receive a general discharge
with a separation code of JKQ for misconduct and a reenlistment
code of RE-4 upon your separation. The discharge authority
directed a general discharge. You were so discharged on 15 April
2004.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
separation or reenlistment code, given your record of civil
conviction, and NUP for 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,

\Quanfte

W. DEAN PFESFRER
Executive redtor

Similar Decisions

  • NAVY | BCNR | CY2010 | 04606-10

    Original file (04606-10.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 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. On 22 July 1986, the ADB found that you committed misconduct and recommended that you be separated with a general discharge.

  • NAVY | BCNR | CY2011 | 00214-11

    Original file (00214-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 13 October 2011. On 13 December 1961, you received NUP for three incidents of failure to go to 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 | CY2010 | 06143-10

    Original file (06143-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 | CY2003 | 05654-03

    Original file (05654-03.rtf) 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.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.Lou enlisted in he Navy on 14 August 1962 at age 18. On 18 February 1965 you submitted a written...

  • NAVY | BCNR | CY2010 | 07353-10

    Original file (07353-10.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. On 17 March 1992, you received the general discharge for alcohol rehabilitation failure. 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 | CY2010 | 05254-10

    Original file (05254-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. Documentary material considered by the Board consisted Or your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policiés: After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2010 | 02173-10

    Original file (02173-10.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. On 6 May 1992 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and alcohol rehabilitation failure. Consequently, when applying for a correction of an official naval record, the burden...

  • NAVY | BCNR | CY2010 | 06287-10

    Original file (06287-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...

  • NAVY | BCNR | CY2010 | 06575-10

    Original file (06575-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 ts on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 06087-10

    Original file (06087-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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...