DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION'OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10953-10
20 duly 2011
This ig in reference to your application for correction of your
late brother’s 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 19 July 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 brother’s 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.
Your brother enlisted in the Navy and entered active duty on 16
December 1977. He received nonjudicial punishment and three
summary courts-martial. His offenses included unauthorized
absence (six specifications totaling 171 days), absence from
his appointed place of duty, and breaking restriction. He was
then recommended for administrative separation with an other
than honorable (OTH) characterization of service due to
misconduct. He waived all of his procedural rights, including
his right to an administrative discharge board (ADB). On 23
September 1980, he was discharged under OTH conditions, and
assigned an RE-4 (not recommended for retention) reenlistment
code.
The Board, in its review of your brother’s entire record,
carefully considered all potential mitigation, such as his
youth and your current desire for veterans’ benefits.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant upgrading his discharge because of his
numerous acts of misconduct. The Board noted that he waived
his right to an ADB, his best opportunity for retention or a
better characterization of service. In view of the above, your
“application ha’s 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 | CY2009 | 09227-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 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 | 04845-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record, and applicable statutes, regulations, and policies. The Board found that he was counseled regarding periods of unauthorized absences (UA) and wrongful use of a controlled substance, and...
NAVY | BCNR | CY2012 | 05192 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. 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 | 09673-10
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. However, the Board concluded that your discharge should not be changed due to your numerous acts of misconduct.
NAVY | BCNR | CY2011 | 01104-11
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. However, the Board concluded that your discharge should not be changed due to your misconduct and drug abuse. 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 | 06800-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 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 | 06643-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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 2 February 1984, you were discharged and received an OTH characterization of service by reason of your misconduct.
NAVY | BCNR | CY2010 | 11888-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 11888-1090 3 August 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. 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. ...
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 | CY2010 | 10651-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 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.