DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1007
ARLINGTON, VA 22204-2490
TIR
Docket No: 5456-11
8 March 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 6 March 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 8 December 1981 at age 21 and began a
period of active duty on 11 March 1982. You served without
disciplinary incident until 22 June 1983, when you received
nonjudicial punishment (NJP) for a three day period of
unauthorized absence (UA). The punishment imposed was
restriction and extra duty for 14 days and reduction to paygrade
E-2, which was suspended for six months. On 15 November 1984 you
again received NJP for two periods of failure to go to your
appointed place of duty. The punishment imposed was restriction
for 14 days, reduction to paygrade E-3, and a $50 forfeiture of
pay.
On 4 April 1985 you received your third NIP for wrongful use of
Marijuana. The punishment imposed was restriction and extra duty
for 45 days, reduction to paygrade E-3, and a $792 forfeiture of
pay. 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 by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. On 22 May 1985 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 21 June 1985, 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 that
you received a “general” discharge because you failed a drug
test. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your other than
honorable discharge because of the seriousness of your misconduct
which resulted in three NJPs and included drug abuse. Further,
you were given an opportunity to possibly receive a better
characterization of service, but waived your procedural rights.
Finally, there is sufficient evidence in the record that is
contrary to your assertion of being issued a “general” discharge.
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,
Dears
Executive e c
NAVY | BCNR | CY2003 | 05149-03
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 reenlisted in the Navy on 14 November 1980 after three years of prior honorable service. On that...
NAVY | BCNR | CY2005 | 00605-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2005. 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 | CY2006 | 04907-06
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 18 December 1981 at age 18. On 12 November, 1985 you’ received NJP for...
NAVY | BCNR | CY2002 | 02178-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 2 convicted by summary court-martial On 19 February 1980, you were of an unauthorized absence from 25 January to 29 January 1980, a failure to go to appointed place of duty; period of four days; missing ship's movement; The punishment...
NAVY | BCNR | CY2002 | 10960-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2003. On 17 August 1981 you received a fourth NJP for two periods of UA totalling four days and were awarded restriction and extra duty for 14 days and a $80 forfeiture of pay. Consequently, when applying for a correction of an official naval record, the burden is existence of probable on the applicant to demonstrate the material error or injustice.
NAVY | BCNR | CY2003 | 07995-03
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 injusticeYou enlisted in the Marine Corps on January 1971 at age 17 During the period from 1 April to 29 October...
NAVY | BCNR | CY2002 | 00788-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2002. injustice were reviewed in accordance with administrative regulations and procedures ,applicable to the proceedings of this Board. dereliction in the performance of your duties and were awarded a $300 forfeiture of pay and reduction t paygrade E-l. Again, you were warned that further misconduct could result in an other than honorable discharge. ...
NAVY | BCNR | CY2006 | 01113-07
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 1 December 1977 at age 18 and served without disciplinary incident until 8...
NAVY | BCNR | CY2001 | 04748-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. the Board concluded these factors and contention were not sufficient to warrant a change in the characterization of your service because of your repetitive misconduct which resulted in Further, the Board six noted that...
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).