DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON De 20370-5100 RDZ seed
Docket No. 05977-10
30 August 2010
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 25
August 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
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 enlisted in the Navy on 24 April 2001 for a term of four years.
Unfortunately you served only a little over two years and four months
when you were discharged for repeated acts of misconduct. More
specifically between July 2002 and March 2003 you received three
nonjudicial punishments for underage drinking, violation of a
general regulation, violation of a lawful order and disorderly
conduct. Based on your record of misconduct your commanding officer
recommended that you be administratively separated. Although he
could have recommended that you receive an other honorable discharge
(OTH) he chose instead to recommend a general discharge. When you
learned of the more favorable recommendation you waived your right
to an administrative discharge board (ADB) where with the assistance
of a military lawyer you could have requested to be retained. On
19 September 2003 you received a general discharge.
The Board concluded in view of your frequent acts of misconduct you
were indeed fortunate to have received a general discharge since
Sailors with disciplinary records such as yours routinely receive
an OTH. The Board also noted your performance mark of 1.7 and conduct
mark of 1.3 fall short of the marks required for an honorable
discharge.
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,
NAVY | BCNR | CY2010 | 06231-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 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. 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 | 05532-10
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 16 November 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. 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 | 05628-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. In this regard the Board would like to point out that Sailors who abuse drugs, even if only once, are routinely issued: OTH'’s.
NAVY | BCNR | CY2010 | 01325-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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. 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 | 07966-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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. Unfortunately after a little more than one year of creditable service you received an other than honorable discharge (OTH) due to misconduct.
NAVY | BCNR | CY2009 | 08092-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2010. On 17 January 1977, you were notified of pending administrative Separation action for an other than honorable (OTH) discharge due to frequent involvement. 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 | CY2009 | 12692-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. You were notified that your commanding officer was recommending you for administrative separation 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 | CY2009 | 07928-09
A three-member panel of the Board for Correction of Naval Ss sitting in executive session, considered your on on 11 May 2010. On 12 September 1990, the ADB met and unanimously found that you committed a serious offense, failed alcohol rehabilitation, and recommended that you be separated with a general discharge. 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 | CY2009 | 09226-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 2010. 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 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 | 06618-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...