DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6717-10
14 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 12 April 2011. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable te 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 enlisted in the Navy on 19 September 1979 at age 18 and
immediately began a period of active duty. You served without
disciplinary incident until 12 December 1980, when you received
nonjudicial punishment (NUP) for wrongful appropriation of two
cassette tapes. During the period from 28 April to 20 August
1981 you received NJP on three more occasions for two
specifications of wrongful appropriation of an identification
card and a security card and wrongful possession of marijuana.
You were also in an unauthorized absence (UA) status for six
days, however, no disciplinary action was taken for this
misconduct. On 18 February 1982 you received your fourth NJP for
disrespect and failure to obey a lawful order.
On 6 May 1983 you received NIP for a one day period of UA and
were awarded a $300 forfeiture of pay, reduction to paygrade E-2,
and bread and water for three days. Subsequently, on 27 July
1983, you were notified of pending administrative separation
action by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB). On 19
August 1983 your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. On 27 August 1983 the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on 16 September
1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in five NUPs. Further, you were given
an opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. Accordingly, your
application has been denied.
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,
Weed,
W. DEAN PFERSF
Executive D x
NAVY | BCNR | CY2010 | 03048-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2011. 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 received two more NUPs on 24 January and 18 February 1983 for falsifying an official document, a one day period of unauthorized absence (UA), and...
NAVY | BCNR | CY2010 | 04498-09
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 12 September 1980, you received NUP for 16 periods of failure to go to your appointed place of duty and a 20 day period of UA. 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...
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 | 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...
NAVY | BCNR | CY2012 | 00741-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 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 | CY2013 | NR7243 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2014. 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 | 08590-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval and health records, applicable statutes, regulations and policies. On 3 August 1984, you were counseled regarding UA and disobeying lawful orders, and warned that further misconduct could result in disciplinary action or administrative separation. Consequently, when applying for a correction of an official naval record, the burden is on the...
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 | 04524-09
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, on 11 October 1980, the discharge authority approved the recommendation for discharge, but directed your commanding officer to issue you a general discharge by reason of misconduct, and on 12 November 1980, you were so discharged. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 02971-07
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. As a result, on 30 September 1982, the discharge authority directed your commanding officer to hold your separation in abeyance pending...