DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00468-12
1 November 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 24 October 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 enlisted in the Navy on 11 August 1987, at age 18. On 26
April 1988, you received nonjudicial punishment (NIP) for
unlawful entry into a petty officer’s personal locker, and
assaulting a fellow Sailor. On 29 July 1988, you received NJP
for being in an unauthorized absence (UA) status on two
occasions. ON 20 September 1988, you received NJP for
misbehaving as a lookout by sleeping on watch. On 2 May 1989,
you received NUP for being UA on three occasions, disobeying a
lawful order, and failure to pay just debts. On 20 July 1989,
you were convicted by a special court-martial (SPCM) of being UA
for three days, three incidents of being disrespectful toward
superiors, disobeying a lawful order, breaking restriction,
willfully causing damage to a government vehicle, and
communicating indecent language to a senior petty officer. You
es
SES
— CO
were sentenced to 4 forfeiture of $1,338, confinement at hard
labor for 75 days, and a bad conduct discharge (BCD). The
discharge authority directed the execution of your BCD. On 10
July 1990, after appellate review, you were SO discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of four NUP’Ss, and a conviction by a SPCM.
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,
NAVY | BCNR | CY2010 | 10118-10
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NAVY | BCNR | CY2010 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2009 | 02589-09
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 24 March 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. The discharge authority directed the execution of your’ BCD.
NAVY | BCNR | CY2008 | 02605-08
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NAVY | BCNR | CY2011 | 05649 11
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NAVY | BCNR | CY2011 | 04776-11
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NAVY | BCNR | CY2013 | NR8159 13
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