DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08039-10
21. April 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 20 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 28 December 1973. On 6 November
1974, you received nonjudicial punishment (NUP) for being in an
unauthorized absence (UA) status for four days. On 16 January
1975, you received NJP for being UA one day. On 27 February
1975, you received NUP for being UA one day. On 1 May 1975, you
received NUP for being UA 12 days. On 11 July 1975, you received
NIP for being UA five days. On 26 April 1976, you received NUP
for being UA one day. On 29 October 1976, you received NJP for
being UA one day. On 15 November 1976, you commenced a period of
UA which lasted 113 days. Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions (OTH) by reason of misconduct. On 7 June 1977, you
were so discharged.
The Board, 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 your record of seven NJP's and extended
period of UA. 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
presumpéjenef regularity attaches to all official records.
Consequé1itly, 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,
WwW. Na PFEIP
Executive Direkt
NAVY | BCNR | CY2010 | 05198-10
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. You submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the periods of UA.
NAVY | BCNR | CY2010 | 07251-10
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. On 29 December 1975, you received NUP for being UA for three days.
NAVY | BCNR | CY2010 | 03857-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 26 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your four NUPs,...
NAVY | BCNR | CY2010 | 03870-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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, reguiations, 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 | 08359-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 May 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. On 3 January 1977, you received NJP for an unknown period of UA.
NAVY | BCNR | CY2010 | 05197-10
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 service, given your two NJP’s and periods of UA totaling 100 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2010 | 03844-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your one NUP,...
NAVY | BCNR | CY2010 | 11469-10
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 | CY2012 | 04062-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, his 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 | 05054-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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 28 December 1976 the separation authority directed that you be separated for misconduct with a general discharge.