Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 09670-10
Original file (09670-10.pdf) Auto-classification: Denied
SE
Seth

rE’ DEPARTMENT OF THE NAVY
| eps“ ar BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

VSN

BUG
Docket No: 9670-10
7 June 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 7 June 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 enlisted in the Navy and entered active on 16 January 1966.
Your record is incomplete, but you received nonjudicial
punishment for unauthorized absence (UA). You also had an 18
day period of UA and missed the movement of your ship for which
you received no disciplinary action. On 22 September 1967, you
were administratively separated due to character and behavior
disorders with a general under honorable conditions
characterization of service, and not recommended for
reenlistment.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
remorse. However, the Board concluded that your discharge
should not be changed due to your misconduct. The Board
believed that you were fortunate to receive a general
characterization of service, since Sailors who have committed
misconduct such as yours normally receive other than honorable
discharges. You are advised that no discharge is automatically
upgraded due merely 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,

Similar Decisions

  • NAVY | BCNR | CY2010 | 10208-10

    Original file (10208-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 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 | 00083-11

    Original file (00083-11.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. On 23 March 1972, you received NUP for being UA for four days. 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 | 10347-10

    Original file (10347-10.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. The Board concluded, however, that your discharge should not be upgraded due to your lengthy 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 | CY2010 | 08887-10

    Original file (08887-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 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 | 08650-10

    Original file (08650-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 June 2011. Furthermore, the Board believed that considerable leniency was extended to you to allow you to be separated at the end of your obligated service with a general discharge instead of a lesser Gischarge due to ae of misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 04389-10

    Original file (04389-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 2011. You were notified that you were being recommended for administrative separation with an other than honorable (OTH) discharge 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 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 | CY2010 | 08642-10

    Original file (08642-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. You were notified that you were being recommended for administrative separation with an other than honorable (OTH) discharge due to a pattern 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 | 11257-10

    Original file (11257-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 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 | 00210-11

    Original file (00210-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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...