Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 06835-10
Original file (06835-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 6835-10
8 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 8 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 26 December 1968. You
received nonjudicial punishment for a five day period of
unauthorized absence. You were convicted by civil authorities
of drinking alcoholic beverages as a minor and wrongful
possession of marijuana. You were notified that you were being
processed for administrative separation due to misconduct
(civil conviction). You elected to appear before a field
board, which found that you committed misconduct (aivil
conviction) and recommended a general characterization of
service. On 26 November 1969, you were discharged under
honorable conditions due to misconduct (civil conviction), and
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.

However, the Board concluded that your discharge should not be
changed due to your acts of misconduct and drug possession.

The Board believed 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. In view of the above,
your application has beén 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,

\Woued

W. DEAN P
Executive

Similar Decisions

  • NAVY | BCNR | CY2010 | 04857-10

    Original file (04857-10.pdf) Auto-classification: Denied

    Additionally, you were counseled and warned after your first NIP, that further misconduct could result in administrative discharge action. The discharge authority concurred and directed an other than honorable discharge by reason of misconduct due to drug use. 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 | 06092-10

    Original file (06092-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. 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 | 00082-11

    Original file (00082-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...

  • NAVY | BCNR | CY2010 | 02181-10

    Original file (02181-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 11 January 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, on 29 November 1983, the discharge authority approved the recommendation for discharge, but directed your commanding officer to issue...

  • NAVY | BCNR | CY2011 | 00159-11

    Original file (00159-11.pdf) Auto-classification: Denied

    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 were notified of pending administrative discharge processing 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...

  • NAVY | BCNR | CY2006 | 09667-06

    Original file (09667-06.rtf) Auto-classification: Denied

    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.On 27 August 1979 you enlisted in the Marine Corps at age 17 with parental consent. On 18 August 1981...

  • NAVY | BCNR | CY2010 | 07400-10

    Original file (07400-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. You were notified of pending administrative discharge processing under other than honorable (OTH) conditions.

  • NAVY | BCNR | CY2010 | 06140-10

    Original file (06140-10.pdf) Auto-classification: Denied

    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 9 July 1975 you began another period of UA that was not terminated until you were apprehended and held in custody by Civil authorities on 3 November 1975. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2009 | 03056-09

    Original file (03056-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your. Documentary material considered by the Board consisted of your application, together with ali 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), which voted four to zero in favor of an other than honorable discharge.

  • NAVY | BCNR | CY2010 | 11683-10

    Original file (11683-10.pdf) Auto-classification: Denied

    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, if any, for this 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.