DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00583-12
7 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 6 November 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 and began a period of active duty on
5 April 1988. During the period from 1 September to 18 October
1988, you received three nonjudicial punishments (NJP’s) for
four periods of unauthorized absence, disobedience and breaking
restriction. Additionally, you were counseled and warned after
your first NUP, that further misconduct could result in
administrative discharge action. On 2 February 1989, you were
convicted by summary court-martial (SCM) of three specifications
of failing to go to your appointed place of duty, disrespect and
two specifications of disobedience. You were sentenced to a
forfeiture of pay, confinement and restriction. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 5 May 1989,
your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct. You were so discharged on 9 June 1989.
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 three NJP’s, SCM conviction of very serious offenses,
and the fact that you were counseled and warned of the
consequences of further misconduct after your first NUP. The
Board also 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,
for ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2012 | 00517 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. 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 | 03292-09
A three-member panel of the Board for Correction of Naval “Records, sitting in executive session, considered your application on 17 February 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...
NAVY | BCNR | CY2007 | 05741-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2008. On 15 January 1990, you began a UA that ended on 3 February 1990, a period of about 19 days. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your performance and...
NAVY | BCNR | CY2009 | 10943-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 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 | 10658-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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 | 04389-11
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 | CY2009 | 03358-09
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 were counseled and warned 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 material error or injustice.
NAVY | BCNR | CY2010 | 05028-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 March 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 | CY2010 | 12124-10
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 | CY2012 | 01089 12
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 25 August and 3 september 1986, you were counseled and warned 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...