DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 07150-10
8 October 2010
This ig 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 5
October 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 13 November 1996 for a term of four years.
On 6 August 1997 you were issued a retention warning that due to your
failure to disclose your preservice civil arrest record your
enlistment was based on fraud and that you could be involuntarily
discharged. However in an effort to allow you to complete your
enlistment in an honorable manner you would be retained.
Unfortunately you failed to take advantage of this opportunity.
Specifically, between October 1997 and February 1999 you received
nonjudicial punishment (NJP) on two occasions and one summary
court-martial conviction. Your offenses were an unauthorized
absence (UA) of two days, failure to go to your appointed place of
duty, failure to obey a lawful order, leaving your duty station before
being properly relieved, UA of 20 days terminated by apprehension
and UA of 15 days also terminated by apprehension.
Based on your extensive disciplinary record your commanding officer
(CO) recommended that you be administratively separated with an other
than honorable discharge (OTH). After being informed of your CO’s
recommendation you waived your right to appear before an
administrative discharge board (ADB) where with the assistance of
a military lawyer you could have requested retention or a better
discharge. While awaiting discharge you received two additional
NJP’s for two periods of UA totaling 14 days and wrongful use of
marijuana. On 26 March 1999 after serving less than two years and
three months you received an OTH.
In its review of your application the Board concluded that in view
ef your frequent acts of misconduct, some of which were serious, as
well as your willingness to accept an OTH rather than serve out your
enlistment your discharge was both legally proper and fair and does
not warrant being upgraded as a matter of clemency.
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 | 05221-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. In this regard, an RE-4 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2008 | 06084-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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. Your record shows that you served on active duty in the Navy from 13 January 1987 until 12 January 1989 when you were honorably discharged.
NAVY | BCNR | CY2010 | 06830-10
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. 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 | 01687 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. The discharge authority directed an OTH 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 | CY1999 | Document scanned on Thu Sep 21 09_17_36 CDT 2000
Further, other individuals stated that you did not notify the command until the third duty day after the arrest. You contend that the arrest was reported on the first day back to work; you were directed not to have any contact with anyone on board the submarine, and therefore could not obtain any witnesses; the executive officer threatened further adverse action if you appealed the NJP; and you were told that you would receive additional alcohol rehabilitation prior to discharge. ...
NAVY | BCNR | CY2013 | NR2672-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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 | CY2013 | NR4122 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 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 | 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...
NAVY | BCNR | CY1999 | 00801-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. Your record reflects that prior to your reenlistment you had four convictions for driving under the influence (DUI) and had completed in-patient (level 111) alcohol rehabilitation treatment in April 1986. The Board notes that the Navy is very reluctant to discharge an individual with more than 19 years of service.
NAVY | BCNR | CY2010 | 01695-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. You later requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court- martial for a UA (334 days) which ended with your apprehension. 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.