DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1158-11
9 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 8 March 2011. The names and votes of the
members of the panel will be furnished upon request. 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 6 July 1994 at age 29. You served
for a year and one month without disciplinary infraction.
However, during the period from 18 August 1995 to 7 March 1996
you were in an unauthorized absence (UA) status on four occasions
for nine days and missed the movement of your ship. The record
does not reflect the disciplinary action taken, if any, for this
misconduct. However, on 19 April 1996, you began another period
of UA that was not terminated until 23 April 1996.
On 1 May 1996, after undergoing a psychiatric evaluation, you
were diagnosed with an adjustment disorder with depressed mood,
alcohol dependence, homicidal and suicidal ideation, and a severe
personality disorder which rendered you unsuitable for military
service. You were recommended for an expeditious administrative
separation because you posed a danger to yourself, others, and
government property. Shortly thereafter, on 15 May 1996, you
received nonjudicial punishment (NJP) for a four day period of UA
and missing the movement of your ship. At this time you were
warned that any further misconduct could result in an
administrative separation by reason of misconduct. Nonetheless,
on 2 June 1996, you began yet another period of UA that was not
terminated until you were apprehended by civil authorities and
charged with soliciting a police officer for prostitution on 18
June 1996. You again missed the movement of your ship while in
this UA status. On 10 July 1996 you were convicted by civil
authorities of solicitation of prostitution. You were sentenced
to probation for 90 days, confinement for 15 days, and a $100
;fine, which was suspended. You were also directed to get an AIDS
‘cest and to be evaluated for substance abuse.
: Ke
On 1 August 1996 you* submitted a written request for an other
‘than honorable discharge in order to avoid trial by court-martial
for a 31 day period of UA, missing the movement of your ship, and
wrongful possession of drug paraphernalia, specifically, a
homemade crack pipe. Prior to submitting this request you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
request was granted and the commanding officer was directed to
igsue you an other than honorable discharge by reason of the good
of the service. As a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. On 30
August 1996 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that you were
to be medically discharged due to a disability. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which included drug abuse and resulted in an
NJP and your request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. Further,
the Board concluded that you received the benefit of your bargain
with the Navy when your request for discharge was granted and you
should not be permitted to change it now. Finally, regarding
your assertion of being medically discharged, applicable
directives state that even if a Sailor is processed for
separation by reason of a medical or mental condition, if the
Sailor meets the requirements of another reason for separation,
such as misconduct, the Sailor will be separated for the latter
reason. In this regard, you requested separation because of your
misconduct. Accordingly, your application has been denied.
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,
\oygoan PFEYF
Executive Ditredt
NAVY | BCNR | CY2010 | 03088-10
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 | CY2006 | 03515-06
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 20 May 1976 at age 19. Subsequently, on 7 and again on 13 November 1977...
NAVY | BCNR | CY2007 | 07599-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2008. 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 21 January 1966 you received nonjudicial punishment (NUP) for an 85 day period of unauthorized absence (UA).
NAVY | BCNR | CY2010 | 11696-10
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. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization...
NAVY | BCNR | CY2012 | 05410-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 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. As a result, on 8 December 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2009 | 06250-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 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. As a result, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing period...
NAVY | BCNR | CY2013 | NR6920 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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. It appears that you requested discharge for the good of the service to avoid trial by court-martial for the latter period of UA totalling 78 days.
NAVY | BCNR | CY2006 | 08475-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2007. 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 concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the reenlistment...
NAVY | BCNR | CY1999 | 07289-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 07289-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...