DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9226-10
4 May 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 3 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 18 July 1978. You
received nonjudicial punishment on three occasions, and were
convicted by a summary and a special court-martial. Your
offenses included assault, larceny ($85.15 currency and a
radio), wrongful possession of marijuana, absence from your
appointed place of duty, destruction of government property,
escape from correctional custody, and communicating a threat.
You were then notified that your commanding officer was
recommending you for administrative separation with an other
than honorable (OTH) characterization of service due to
misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 18 December 1981, you
received an OTH characterization of service due to misconduct,
and were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire for medical care. However, the Board concluded
that your discharge should not be changed due to your numerous
acts of miscondugt. The Board found that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded automatically due solely to the passage of time or
post service good conduct. In view of the above, 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 | 08748-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 May 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You exercised your procedural right to have your case heard by an administrative discharge board (ADB), which found that you had committed misconduct and recommended that you be discharged with...
NAVY | BCNR | CY2010 | 07097-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 March 2011. 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 | CY2011 | 00832-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2011. You are advised that a separation code of “HKQ” on your Certificate of Release or Discharge from Active Duty (DD Form 214) means that you were administratively separated due to misconduct. 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...
NAVY | BCNR | CY2010 | 08758-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 May 2011. However, the Board concluded that your discharge should not be changed due to your numerous acts of misconduct. 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 | 12235-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Conseguently, 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 | 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 | 12264-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2011. However, the Board concluded that your discharge should not be changed due to your drug abuse and UA. 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 | 00830-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2011. You exercised your procedural right to 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 | CY2010 | 05982-10
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. On 24 June 1994 you received the OTH discharge due to misconduct (pattern of misconduct).
NAVY | BCNR | CY2010 | 07207-10
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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.