Search Decisions

Decision Text

NAVY | BCNR | CY2012 | 00777-12
Original file (00777-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TJIR
Docket No: 777-12
25 October 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 23 October 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 Reserve on 5 March 1979 at age 17 and
served without disciplinary incident until 20 November 1980, when
you were convicted by special court-martial (SPCM) of 11
specifications of uttering checks with insufficient funds
totalling $1,483. You were sentenced to confinement at hard
labor for three months, a $1,002 forfeiture of pay, reduction to
paygrade E-1, and a bad conduct discharge (BCD).

On 19 February and again on 10 April 1981 you received
nonjudicial punishment (NJP) for two specifications of
disobedience and a 30 day period of unauthorized absence (UA).
Subsequently, the BCD was approved at all levels of review and on
12 August 1982, 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 and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct and lengthy period of UA which resulted in two NJPs
and a SPCM. 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,

“rT LG>, “o-2___.

ROBERT D. SALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2011 | 04776-11

    Original file (04776-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2012. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | 04537-11

    Original file (04537-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 probable...

  • NAVY | BCNR | CY2011 | 05649 11

    Original file (05649 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 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 | 03702-11

    Original file (03702-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2012. On 3 December 1965, you reenlisted in the Navy after three years of honorable service. 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 | 03123-11

    Original file (03123-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. 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 | CY2012 | 09712 12

    Original file (09712 12.pdf) Auto-classification: Denied

    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. On 5 December 1975 you received your seventh NUP for two periods of absence from your appointed place of duty and a three day period of UA.

  • NAVY | BCNR | CY2011 | 03726-11

    Original file (03726-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2012. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NUJP’s and SPCM conviction of periods of UA totaling over nine months. Consequently, when applying for a correction of an official naval record, the burden...

  • NAVY | BCNR | CY2011 | 05774-11

    Original file (05774-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. The Board found that during the period from 24 January to 18 September 1973, you received five nonjudicial punishments (NJP’s) for unauthorized absence (UA), two instances of wrongful possession of marijuana, introduction of marijuana onboard ship, six instances of being absent from your appointed place of duty, insubordinate conduct, disobedience,...

  • NAVY | BCNR | CY2012 | 01536 12

    Original file (01536 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 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. 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 | 05801-11

    Original file (05801-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your NJP for wrongful drug use, SPCM conviction of a lengthy period of UA, and the fact that you had two additional periods of UA totaling over two months prior to...