Vv
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: O00210-11
17 October 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 13 October 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 on 30 January 1980, at age 25. On 20
January 1981, you received nonjudicial punishment (NUP) for
wrongful possession of marijuana. On 10 November 1981, you
received NIP for four incidents of being absent from your
appointed place of duty, two incidents of being disrespectful
toward a superior petty officer, and two incidents of disobeying
a lawful order. On 13 February 1982, you received NJP for being
in an unauthorized absence (UA) status, being absent from your
appointed place of duty, and disobeying a lawful order. On 23
March 1982, you received NUP for being UA om two occasions
totaling 16 days, five hours and 30 minutes, failure to obey a
lawful order, breaking restriction, and being drunk and
disorderly. On 20 April 1982, you were enrolled in an alcohol
rehabilitation program. However, on 24 May 1982, you were
disenrolled from the program due to non-compliance of program
rules and regulations. On 15 June 1982, you received NUP for
being UA for two hours, and violating a written order. On 7
October 1982, you received NJP for being UA for one day. On 20
October 1982, administrative separation action was initiated by
reason of misconduct (frequent involvement}. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 28 October
1982, your commanding officer forwarded his recommendation that
you be discharged under other than honorable conditions (OTH) by
reason of misconduct (frequent involvement). On 22 November
1982, the discharge authority directed an OTH discharge by reason
of misconduct (frequent involvement). On 1 December 1982, you
received your OTH characterization of service due to misconduct
(frequent involvement).
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 your record of six NUP's for misconduct.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a more favorable characterization of
service. 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,
loQead!
W. ar aR
Executive Dtrector
NAVY | BCNR | CY2010 | 11286-10
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable...
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 | CY2012 | 00256 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 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 4s not recommended for retention.
NAVY | BCNR | CY2011 | 11864 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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...
NAVY | BCNR | CY2010 | 06982-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2011. Nevertheless, the Board concluded these factors were not sufficient to warrant a change to your separation code due to your frequent 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 | 04332-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011. 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...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
NAVY | BCNR | CY2010 | 06600-10
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. 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 | CY2012 | 00741-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 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 | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...