DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08617-10
27 April 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 13 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 entered active duty in the Navy on 4 December 1985, and
served without disciplinary incident until 4 April 1986, when you
received nonjudicial punishment (NJP) for assault. Shortly
thereafter, you received another NUP for two specifications of
failure to obey a lawful order, larceny, assault and wrongfully
intending to deceive with a liberty card. Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to a commission of a serious offense (COSO). You
exercised your right to consult with counsel, but waived your
right to an administrative discharge board (ADB). The separation
authority approved the recommendation, and on 4 December 1986,
you were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were told your discharge would be
upgraded in six months. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge due to your COSO. Furthermore, the Board noted that
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. Finally,
there is no provision of law or in regulations that allow for a
change to your discharge or reenlistment code due solely to the
passage of time. 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 er injustice,
Sincerely,
\Dean
W. DEAN PFRTI
Executive Dir or
NAVY | BCNR | CY2010 | 11995-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2011. 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 had prior honorable service in the Navy from 1978 to 1983. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2011 | 01828-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 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...
NAVY | BCNR | CY2010 | 09699-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 06923-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. In order to have your social security number corrected on your DD Form 214 (Certificate of Release or Discharge from Active Duty), you need to contact the Naval Personnel Command (NPC) and...
NAVY | BCNR | CY2009 | 10909-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | 10195-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2011. Your commanding officer agreed with the ADB’s finding and recommendation, and on 4 March 2010, you were discharged with an OTH characterization of service due to misconduct {COSO) , and assigned an RE-4 (not recommended for retention) reentry code. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2011 | 12250 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change to your discharge due to your COSO: Furthermore, the...
NAVY | BCNR | CY2013 | NR6981 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 29 July 2014. On 13 January 1988, you received an OTH characterization of service discharge due to misconduct (COSO), and were assigned an RE-4 (not. 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 | CY2009 | 12640-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. You waived all of your procedural rights, including your right to 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 | CY2010 | 00623-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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,...