DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05796-10
10 Mareh 2011
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 9 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 on 7 June 1978, and began a period of
active duty on 26 June 1978. On 22 February 1979, you received
nonjudicial punishment (NOP) for being in an area where marijuana
was found and having possession of a pipe which was used for
smoking marijuana. On 19 April 1979, you received NJP for two
incidents of being in an unauthorized absence (UA) status. 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 21 June 1979, you received NUP for
larceny. On 6 duly 1979, you were convicted by a summary court-
martial (SCM) of being disrespectful and contemptuous toward a
superior commissioned officer. You were sentenced to forfeitures
of $100, and confinement at hard labor for seven days. On 12
July 1979, you received NUP for being UA from a restriction
muster, willfully failing to make ready for sea, and sleeping on
the deck during working hours. On 6 August 1979, you received
NIP for being UA, willfully disobeying a lawful order, and
failing to obey a lawful order. On 15 August 1979, you received
NIP for failure to obey a lawful order. On 13 September 1979,
you received NUP for willfully disobeying a lawful order from a
chief petty officer. On 24 March 1980, you were convicted at a
special court-martial (SPCM) of being in a UA status on six
occasions, disobeying a lawful order, and breaking restriction.
You were sentenced to forfeitures of $598, confinement at hard
labor for 45 days, and a bad conduct discharge (BCD). Your
record is incomplete, but evidentially, your BCD was suspended.
However, your misconduct continued, and on 24 September 1980, you
were convicted at your second SCM of being UA one day, breaking
restriction, and altering official documents. You were sentenced
to forfeitures of $250, and confinement at hard labor for 21
days. On 5 December 1980, you received NUP for two incidents of
disobeying a awful order. On 14 July 1981, you were convicted
by your second SPCM of two incidents of being disrespectful in
» language, and wrosgfully communicating a threat to harm a senior
4 chief petty offiger and a petty officer. You were sentenced to
“forfeitures of $600, confinement at hard labor for 45 days, and a
BCD. Pending appellate review, you received two additional NJP’s
on 10 September 1981 and 2 November 1981 for failure to go to
your appointed place of duty, being UA for three days, being
absent from your appointed place of duty, and violating a written
order. On 17 February 1983, after appellate review, you received
the BCD.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of 11 NJP’s and convictions by two SCM’s and two
SPCM’s. 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,
W. DE ARRAS
Executive rector
NAVY | BCNR | CY2010 | 03541-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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 case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
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 | CY2009 | 08496-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 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 ali material submitted in support thereof, your late husband's naval record, and applicable statutes,...
NAVY | BCNR | CY2010 | 10658-10
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. On 20 October 1978, you received NIP for being UA for three days. 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 | CY2012 | 04019-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. 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...
NAVY | BCNR | CY2012 | 00468 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. 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.
NAVY | BCNR | CY2011 | 00214-11
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 | CY2011 | 03331-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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 offenses were two specifications of disobedience, failure to obey a lawful order, two periods of UA totalling two days, assault, and two...
NAVY | BCNR | CY2012 | 01145 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...