DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 621-12
16 October 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 11 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 and began a period of active duty on
27 June 1995 at age 19. On 3 May 1996, you received nonjudicial
punishment (NUP) for drunk and disorderly conduct and assault
consummated by a battery. On 21 Jan 1997, you received NUP for
wrongful use of marijuana. Based on the information currently
contained in your record it appears that you were subsequently
processed for an other than honorable (OTH) separation by reason
of misconduct. In connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. You waived
your procedural right to an administrative discharge board (ABD).
The record clearly shows that on 20 February 1997, you were
discharged with an OTH discharge by reason of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
medical issues. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct (drug
abuse) as well as your prior misconduct that resulted in two
NJPs. The Board 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,
TD oO
ROBERT D.~ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2012 | 00148-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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 | CY2013 | NR4276 13
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 04080-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2012 | 00350-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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 | CY2012 | 01687 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. The discharge authority directed 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 | CY2012 | 07170 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. After waiving your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB), your...
NAVY | BCNR | CY2011 | 04851-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in six NUPs, and periods of UA totaling over one month. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2012 | 00286-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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 9 May 1986, you received NUP for being UA for one day.
NAVY | BCNR | CY2012 | 09464 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. Nevertheless, the Board concluded these factors were not sufficient to warrant changing your reentry code given your record of three NJP’s, conviction by SCM, and the fact that you were counseled and warned of the consequences of further misconduct after your third NUP. The Board did not...
NAVY | BCNR | CY2012 | 00310 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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...