DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6242-10
15 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 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 reenlisted in the Navy on 15 June 1990 after more than three
years of honorable service. On 19 February 1991, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of three days, missing ship’s
movement and breach of peace. You received nonjudicial
punishment (NJP) on two occasions for failure to obey a lawful
order and UA from your unit for a period of five days. After
your first NUP, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. You were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority directed an OTH discharge by reason of misconduct due
to a pattern of misconduct. On 24 April 1992 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable 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 two NJPs and a SCM. Finally, the Board noted that you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. Accordingly, your
application has beén denied. The names and votes of the members
“of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans’
benefits which accrued during your prior period of honorable
service. However, your eligibility is a matter under the
cognizance of the Department of Veterans Affairs (DVA). In this
regard, you should contact the nearest DVA office concerning your
rights, specifically, whether or not you are eligible for
benefits based on this period of service.
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. ss EN
Executive rector
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 | 10651-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
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...
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 | CY2010 | 07378-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. The Board also noted that you should contact the Department of the Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720 Integrity Drive,...
NAVY | BCNR | CY2010 | 08642-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. You were notified that you were being recommended for administrative separation with an other than honorable (OTH) discharge due to a pattern of 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 | 05650-10
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 | 05108-10
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 18 August 1988, administrative separation action was initiated by reason of misconduct for drug abuse.
NAVY | BCNR | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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...
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...