Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 05027-11
Original file (05027-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 §. COURTHOUSE RD SUITE 1001

 

ARLINGTON VA 22204-2490

BAN
Docket No: 05027-11
21 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 15 February 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.

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 had prior honorable service in the Navy from 1979 to 1983.
You reenlisted in the Navy on 15 May 1983, and served without
disciplinary incident until 29 May 1986, when you received
nonjudicial punishment (NIP). Shortly thereafter, on 20 April
1989, you received another NUP for dereliction of duty. In your
final evaluation, you were not recommended for reenlistment by
your commanding officer. Therefore, on 14 May 1989, at the end
of your active obligated service while serving in pay grade E-6,
you were separated with an honorable discharge and an RE-4
reentry code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, claim that nothing in your record
warrants an RE-4 reentry code, and that you were protected under
the “Whistleblower Act”. However, you submitted no documentation
that substantiates your claims, and there is no such evidence in
your record. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change to your reentry code due
to your misconduct and non-recommendation for retention.
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,

Executive tor

Similar Decisions

  • NAVY | BCNR | CY2011 | 03777-11

    Original file (03777-11.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 7 December 1989, the ADB voted to separate you due to your drug abuse with an OTH discharge. 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 | CY2011 | 04241-11

    Original file (04241-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2012. 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 material error or injustice.

  • NAVY | BCNR | CY2011 | 03791-11

    Original file (03791-11.pdf) Auto-classification: Denied

    — A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 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. On 27 May 1983, you were separated with an OTH discharge and an RE-4 reenlistment code due to misconduct (drug abuse} .

  • NAVY | BCNR | CY2011 | 12250 11

    Original file (12250 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change to your discharge due to your COSO: Furthermore, the...

  • NAVY | BCNR | CY2011 | 04543-11

    Original file (04543-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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 | 04540-11

    Original file (04540-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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 | 04938 11

    Original file (04938 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 28 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. In this regard, you were assigned the appropriate reentry code based on your circumstances.

  • NAVY | BCNR | CY2014 | NR9393 14_Redacted

    Original file (NR9393 14_Redacted.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. You did not respond in a timely manner and were honorably discharged from the TDRL program, and assigned an RE-3P (physical disability) reentry code. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reentry code given the fact you were offered...

  • NAVY | BCNR | CY2011 | 00211-11

    Original file (00211-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2011. In this regard, an RE-4 reentry code is required when an individual is discharged at the expiration of his term of enlistment and is not recommended for retention. 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 | CY2009 | 02899-09

    Original file (02899-09.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. Therefore, you were recommended for separation with an other than honorable (OTH) discharge due to drug abuse, and you exercised your right to request an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the...