DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 11921-10
10 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 August 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 appiicable 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
28 January 1965 at age 18. You received nonjudicial punishment
(NJP) on two occasions for drunk and disorderiy conduct and
insubordinate conduct toward a noncommissioned officer. On 13
January 1966, you were convicted by special court-martial (SPCM)
of two instances of unauthorized absence (UA) from your unit for
periods totaling 24 days and breaking restriction. The sentence
imposed was confinement for two months and a forfeiture of pay.
On 13 July 1966, you were convicted by summary court-martial
(SCM) of two instances of UA from your unit for periods totaling
12 days. On 11 November 1966, you were again convicted by SCM of
being drunk on duty, breaking restriction, four instances of
failure to go to your appointed place of duty and three instances
of UA from your unit for a period totaling three days. After
your second SCM, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. You were notified of pending administrative
discharge processing 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).
On 14 December 1966, the separation authority approved the OTH
discharge for misconduct. On 29 December 1966 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NJPs, two SCMs and a SPCM. The Board noted that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board recommended that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720
Integrity Drive, Millington, TN 38055-3120 to request a copy of
your Certificate of Discharge or Release from Active Duty (DD
Form 214).
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 | CY2011 | 04085-11
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your > application on 25 January 2012. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in a civil conviction, an NJP and two SCMs. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 05700-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. On 6 April 1973, you were convicted by special court-martial (SPCM) of two instances of unauthorized absence (UA) from your unit for a period totaling 141 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 | 05028-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2010 | 06287-10
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2012 | 07558-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2013. 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 20 January 1954, you were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to unfitness.
NAVY | BCNR | CY2009 | 10943-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2010. 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 | CY2009 | 04231-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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...
NAVY | BCNR | CY2013 | NR801 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2013. 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 | CY2013 | NR8690 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 2014. 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 January 1989, the ADB found that you committed misconduct (commission of a serious offense) and recommended that you be separated with an...
NAVY | BCNR | CY2009 | 09511-09
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 16 June 2010. 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. 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...