DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 5881-10
2 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 1 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 30 July 1977. You
received nonjudicial punishment on five occasions for wrongful
possession of marijuana, attempted larceny, failure to obey a
lawful order (two specifications) , assault (two
specifications) , dereliction of duties, and absence from your
appointed place of duty. You were notified that your
commanding officer was recommending you for administrative
separation with a general discharge due to misconduct (frequent
involvement of a discreditable nature with military
authorities). You waived your procedural right to an
‘
administrative discharge board (ADB). On 17 May 1977, you
received a general discharge due to misconduct (frequent
involvement of a discreditable nature with military
authorities) .
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
allegation that your discharge was based on one mistake, and
remorse. 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 dye solely to the passage of time or post service
good conduct. The* Board found that you were fortunate to
receive a general discharge, since Sailors who are
administratively separated for misconduct such as yours
normally receive an other than honorable characterization of
service. Finally, there is evidence in your record which is
contrary to yourfallegation. In view of the above, 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
injustide ,
Sincerely,
W. DEAN ne
Executive D r
NAVY | BCNR | CY2011 | 04042-11
On 11 January 1977 you received NUP for absence from your appointed place of duty and two specifications of failure to obey a lawful order. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation because of the seriousness of your repeated and frequent misconduct which resulted in nine NUJPs, counselling on several occasions for involvement of a discreditable...
NAVY | BCNR | CY2010 | 04699-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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. The record does not reflect the disciplinary action taken, if any, for this 76 day period of UA.
NAVY | BCNR | CY2010 | 06151-10
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. You served without disciplinary incident until 6 July 1978, when you received nonjudicial punishment (NJP) for absence from your appointed place of...
NAVY | BCNR | CY2010 | 11679-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 August 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 | CY2007 | 02930-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2008. 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 | CY2011 | 04098-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 | CY2008 | 07523-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. 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 | CY2011 | 00939-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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. However, the record does not reflect the disciplinary action taken by civil authorities for this misconduct.
NAVY | BCNR | CY2010 | 12102-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 August 201i. 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 | 08424-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 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...