Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 05870-10
Original file (05870-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 5870-10
24 February 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 23 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You entered active duty in the Navy on 13 August 1982. You
received nonjudicial punishment on three occasions for
dereliction of duty, making a false official statement,
wrongful appropriation, violating a lawful general regulation
(three specifications), and wrongful use of marijuana. You
were notified that your commanding officer was recommending you
for administrative separation with a conditions under other
than honorable (OTH) discharge due to misconduct. You waived
your procedural right to an administrative discharge board
(ADB). On 10 January 1987, you received a conditions under OTH
discharge due to misconduct, and were assigned an RE-4 (not
recommended for retention) reenlistment code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that your discharge was based on “one isolated
incident.” However, the Board concluded that your discharge
should not be changed due to your numerous acts of misconduct.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due golely to the passage of time or post service
good conduct. Finally, there ig evidence in your record which
is contrary to your, allegation. In view of the above, your
application has bea 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
inutile.

Sincerely,

\uoSqtepde

W. DEAN P
Executive

Similar Decisions

  • NAVY | BCNR | CY2010 | 05647-10

    Original file (05647-10.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 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 probable...

  • NAVY | BCNR | CY2010 | 05427-10

    Original file (05427-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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 probable...

  • NAVY | BCNR | CY2010 | 05562-10

    Original file (05562-10.pdf) Auto-classification: Denied

    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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2010 | 05128-10

    Original file (05128-10.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 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. On 23 March 1989, your Case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable...

  • NAVY | BCNR | CY2010 | 05861-10

    Original file (05861-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 5861-10 23 February 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. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Consequently, when applying for a...

  • NAVY | BCNR | CY2010 | 08748-10

    Original file (08748-10.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 May 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You exercised your procedural right to have your case heard by an administrative discharge board (ADB), which found that you had committed misconduct and recommended that you be discharged with...

  • NAVY | BCNR | CY2010 | 05848-10

    Original file (05848-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2010 | 07985-10

    Original file (07985-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. On 5 January 1993, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an OTH discharge due to...

  • NAVY | BCNR | CY2011 | 02613-11

    Original file (02613-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 December 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. You elected to have your case heard by an administrative discharge board (ADB).

  • NAVY | BCNR | CY2010 | 05536-10

    Original file (05536-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2011. You waived all your procedural right to an administrative discharge board (ADB), and your right to request in-patient drug rehabilitation. 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.