DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 10351-10
17 March 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 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. 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 and began a period of active duty on
27 September 2000. On 17 October 2002, you received nonjudicial
punishment (NJP) for eight instances of failure to obey an order
or regulation, four incidents of sodomy, five incidents of
adultery, two incidents of indecent acts with another Sailor, and
six incidents of soliciting another Sailor to commit an offense.
You did not appeal the findings of guilt at your NUP. On 29 May
2003, you were advised that your commanding officer was
recommending you for administrative separation with an other than
honorable (OTH) discharge due to misconduct. You waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under OTH conditions by
reason of misconduct. On 10 June 2003, the discharge authority
directed an OTH discharge by reason of misconduct. On 20 June
2003, you were so discharged. At that time you were assigned an
RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant removal of your NUP, based on the
statements that were provided, and your alleged claim of rape
which ig not corroborated in your record. The Board noted that
you did not appeal your NUP. The Board particularly noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Finally, the
Board found that you were fortunate to have had your
characterization of service upgraded to an honorable, since a
separation under OTH conditions is often directed when an
individual is found to have committed misconduct. 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 or injustice.
Sincerely,
Whom
W. DEAN P F
Executive redgtlor
NAVY | BCNR | CY2010 | 11203-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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. Therefore, you were recommended for administrative separation with an other than honorable (OTH} discharge due to a pattern of misconduct.
NAVY | BCNR | CY2010 | 03805-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 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,...
NAVY | BCNR | CY2010 | 06169-10
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. On 25 September 1990 an ADB recommended discharge under honorable conditions by reason of misconduct due to commission of a serious offense. 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 | CY2011 | 00754-11
An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the exiatence 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 error or injustice.
NAVY | BCNR | CY2011 | 03773-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 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. 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 | 05221-10
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. In this regard, an RE-4 reentry code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 11157-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2011. You waived your right to consult with counsel and 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 | 03641-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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 probable...
NAVY | BCNR | CY2011 | 02748-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2011 | 00979-11
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 18 December 1994, you were advised that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) discharge due to misconduct. In this regard, an RE-4 reentry code is required when an andividual is discharged for misconduct and is not...