DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5837-10
4 March 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 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
in] USstice.
You enlisted in the Navy and began a period of active duty on
30 July 1990 at age 21. On 15 April 1991, you received
nonjudicial punishment (NJP) for two instances of misbehavior
while on duty. On 15 April 1991, you were convicted by summary
court-martial (SCM) of three instances of unauthorized absence
(UA) that totaled 38 days. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 8 November 1991 you received the OTH
discharge for misconduct due to commission of a serious offense.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NJP, one SCM, and a period of UA totaling 38 days.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. 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 R
Executive tor
NAVY | BCNR | CY2011 | 04085-11
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your > application on 25 January 2012. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in a civil conviction, an NJP and two SCMs. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 11921-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 2011. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct. 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 | 03773-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2011. On 9 November 1990 you were so discharged. 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 | 05700-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. On 6 April 1973, you were convicted by special court-martial (SPCM) of two instances of unauthorized absence (UA) from your unit for a period totaling 141 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 | CY2011 | 00934-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November 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 | CY2012 | 00110-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 06381-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2011. further misconduct could result in administrative discharge action. 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 | 04211-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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. 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 | 05028-10
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2010 | 06418-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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...