Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 03117-11
Original file (03117-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204

SIN
Docket No: 03117-11
10 January 2012

 

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 5 January
2012. 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.

Biter 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

19 November 1990. The Board found that you received three nonjudicial
punishments (NJP’s}. Your offenses were absence from your appointed
‘place of duty, two instances of assault, disorderly conduct, and
assault consummated by a battery. Additionally, you were counseled
and warned after your second NUP that further misconduct could result
in administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable (OTH)
conditions by reason of misconduct. The discharge authority concurred
and directed an OTH discharge by reason of misconduct due to

commission of a serious offense. You were so discharged on 13 May
1994,

‘The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth and record of
service. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given your
repetitive misconduct and the fact that you were warned of
consequences of further misconduct after your second NUP. Finally,
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.

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,

\pSdonh ;
W. DEAN PFE
Executive Dine

Similar Decisions

  • NAVY | BCNR | CY2010 | 12124-10

    Original file (12124-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to commigsion of a serious offense.

  • NAVY | BCNR | CY2011 | 03471-11

    Original file (03471-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 | CY2009 | 06050-09

    Original file (06050-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 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 | 12807-09

    Original file (12807-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 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. Additionally, you were counseled and warned after your third NUP, that further misconduct could result in administrative discharge action.

  • NAVY | BCNR | CY2011 | 00259-11

    Original file (00259-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 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 | CY2011 | 04469-11

    Original file (04469-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to commission of a serious offense.

  • NAVY | BCNR | CY2013 | NR5621 13

    Original file (NR5621 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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...

  • NAVY | BCNR | CY2011 | 04389-11

    Original file (04389-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 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 | CY2011 | 03515-11

    Original file (03515-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge given your...

  • NAVY | BCNR | CY2012 | 10277 12

    Original file (10277 12.pdf) Auto-classification: Denied

    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. Additionally, you were counseled and warned after your first NUP, that further misconduct could result in administrative discharge action. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...