Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 04660-11
Original file (04660-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TUR

Docket No: 4660-11
10 February 2012

 

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 7 February 2012. 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 30 July 1981 at age 20. You served
without disciplinary incident until 30 October 1981, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. During the period from 24 September to 25 November
1982 you received NUP on four more occasions for disobedience,
communicating a threat, wrongful use of marijuana, disrespect,
and dereliction of duty.

Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After waiving
your procedural rights, your commanding officer recommended
discharge under other than honorable conditions. On 14 April
1983 you received your sixth NUP for wrongful use of marijuana.
Nonetheless, the discharge authority directed discharge under
other than honorable conditions by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities, and on 14 June 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion of
unjust due process. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in six NJPs and included drug abuse.
Finally, you were given an opportunity to defend yourself but
waived your procedural right to legal counsel and to present your
case to an administrative discharge board. 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,

WwW. DEAN ab
Executive ™& or

Similar Decisions

  • NAVY | BCNR | CY2010 | 01616-10

    Original file (01616-10.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. On 31 March 1983 you received your third NUP for three periods of absence from your appointed place of duty, a one day period of UA, failure to obey a lawful order, and two specifications of sleeping on watch. Consequently, when applying for a correction of an official naval record, the...

  • NAVY | BCNR | CY2010 | 03048-10

    Original file (03048-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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. You received two more NUPs on 24 January and 18 February 1983 for falsifying an official document, a one day period of unauthorized absence (UA), and...

  • NAVY | BCNR | CY2010 | 06717-10

    Original file (06717-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 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 | CY2010 | 11286-10

    Original file (11286-10.pdf) Auto-classification: Denied

    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 | CY2012 | 04128-12

    Original file (04128-12.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. In February 1980 you were advised that administrative separation action had been initiated by reason of misconduct, but held in abeyance pending a medical evaluation for alcohol abuse. You were sentenced to confinement at hard labor for two months, a $598 forfeiture of pay, and a...

  • NAVY | BCNR | CY2011 | 12523 11

    Original file (12523 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 2 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. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB).

  • NAVY | BCNR | CY2010 | 04498-09

    Original file (04498-09.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. On 12 September 1980, you received NUP for 16 periods of failure to go to your appointed place of duty and a 20 day period of UA. 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...

  • NAVY | BCNR | CY2007 | 02971-07

    Original file (02971-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 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. As a result, on 30 September 1982, the discharge authority directed your commanding officer to hold your separation in abeyance pending...

  • NAVY | BCNR | CY2010 | 01575-10

    Original file (01575-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 | CY2011 | 11864 11

    Original file (11864 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 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...