Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 07356-10
Original file (07356-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 7356-10

29 March 2011

 

tion for correction of your

This is in reference to your applica
ons of title 10 of the United

naval record pursuant to the provisi
States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 53 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.

ideration of the entire

After careful a
record, the Board found the evidence submitted was insufficient

to establish the existence of probable material error or

injustice.

You enlisted in the M

duty on 11 September 1972 at age ayer

punishment (NTP) on eight occasions for five instances of failure

to obey a lawful sentinel by sleeping on

post, disrespect C rLor noncommissioned

officer, unauthorized absence for a period of
al statement. On 26 February

38 days, and making a false offici
1 court-martial (SPCM) of

1976, you were convicted by specia
ior officer, two instances

disobeying a lawful order from a super
,or noncommissioned

of insubordinate conduct toward a superi
officer and using provoking speech. The sentence imposed was

confinement for four months, a forfeiture of pay, reduction in
paygrade and a bad conduct discharge (BCD). On 4 November 1976,
you received the BCD after appellate review was complete.

in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that

these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that

The Board,
resulted in eight NJPs and a SPCM conviction. 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
presumptiontof regularitfy attaches to all official records.
Consequently, when applying ‘for a correction of an official naval
record, theg burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,
W. DEAN \RF R
Executiv Wrector

Similar Decisions

  • NAVY | BCNR | CY2011 | 05888-11

    Original file (05888-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 March 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 | CY2010 | 03737-10

    Original file (03737-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2011. Documentary material considered by the Board consisted of your application, ‘together with all material submitted in support thereof, your deceased husband’s naval record, and applicable statutes, regulations, and policies. Confequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 07446-10

    Original file (07446-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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 | 05832-10

    Original file (05832-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. 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 | CY2009 | 02609-09

    Original file (02609-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 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. On 10 October 1962, you received NJP for UA from your unit.

  • NAVY | BCNR | CY2013 | NR4097-13

    Original file (NR4097-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2014. On 11 June 1986, you received the BCD after. 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 | 00975-10

    Original file (00975-10.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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your four NJP’s and SPCM conviction for a lengthy period of UA that only ended when you were apprehended. nsequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2010 | 07277-10

    Original file (07277-10.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. The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. 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 | 11469-10

    Original file (11469-10.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. 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 NUPs, a SPCM and periods of UA totaling over 11 months. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2011 | 01781-11

    Original file (01781-11.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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...