Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 07589-10
Original file (07589-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 7589-10
27 May 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 24 May 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 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 enlisted in the Navy on 31 August 1989 at age 19. You served
without disciplinary incident until 13 September 1990, when you
received nonjudicial punishment (NJP) for a one day period of
unauthorized absence (UA). On 17 October 1990 you were convicted
by summary court-martial (SCM) of a four day period of UA and 102
Specifications of absence from your appointed place of duty.

On 20 May 1991 you received NUP for two periods of UA totalling
eight days. The following day you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 23 May 1991 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. Subsequently, the discharge authority approved this
recommendation and directed separation under other than honorable

conditions by reason of misconduct and on 15 June 1991 you were
so discharged.
experience which resulted in your excessive drinking.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge

because of your repetitive misconduct which resulted in two NUPs
and conviction by SCM. Further, i

defend your actions, but waived your procedural right to present
your case to an ADB. Finally, there is no evidence in the
record, and you submitted none, to support your assertion.
Accordingly, your application has been denied.

Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the

Sincerely,

W. DEAN ‘PFEN PED
Executive D to

Similar Decisions

  • NAVY | BCNR | CY2008 | 03201-08

    Original file (03201-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. 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 | 06242-10

    Original file (06242-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). 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 | CY2012 | 00477 12

    Original file (00477 12.pdf) Auto-classification: Denied

    On 4 May 1990, you were UA for three days, with no disciplinary action taken. On 5 September and 1 October 1990, you were UA one day each, and no disciplinary action was taken against you. On 8 July 1991, you were UA again for one day and no disciplinary action was taken.

  • NAVY | BCNR | CY2010 | 03773-10

    Original file (03773-10.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. 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 | CY2011 | 00086-11

    Original file (00086-11.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. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of two NUIP's, and conviction by a SCM of misconduct. In this regard, an RE-4 reentry code is required when an individual is discharged for...

  • NAVY | BCNR | CY2007 | 06392-07

    Original file (06392-07.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 April 2008. 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,...

  • NAVY | BCNR | CY2010 | 02193-10

    Original file (02193-10.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. 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 | 02222-08

    Original file (02222-08.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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...

  • NAVY | BCNR | CY2010 | 03443-10

    Original file (03443-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2010 | 02173-10

    Original file (02173-10.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 6 May 1992 an ADB recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and alcohol rehabilitation failure. Consequently, when applying for a correction of an official naval record, the burden...