Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR1805 13
Original file (NR1805 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SON :
Docket No: 01805-13
16 January 2014

 

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 14 January 2014. 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:Marine Corps and began a period of active
duty on 16 September 1992, The Board found that during the
period from-26 May 1993 to 25 October 1995, you received five
nonjudicial punishments (NJP‘s) for driving under the influence
of alcohol, underage: drinking, two instances of being absent from
your appointed place of duty, and two instances of disobedience.
Additionally you were counseled and warned on eight occasions
that further misconduct could result in administrative discharge
action. Subsequently, on 9 January 1996, administrative
separation action was initiated to separate you by reason of
misconduct due to minor disciplinary infractions. You waived _
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded to the separation authority recommending an under
other. than honorable (OTH) discharge by reason of misconduct.

The separation authority concurred and directed an OTH by reason
of misconduct due to minor disciplinary infractions. You were so
discharged on 13 February 1996.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and character letter.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge
given your five NUP's, numerous counseling’s, and the fact that
you were warned of the consequences of further misconduct.
Finally 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,
ROBERT So

Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR2655-13

    Original file (NR2655-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. 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 separation action was initiated to separate you by reason of Misconduct due to alcohol rehabilitation failure and...

  • NAVY | BCNR | CY2010 | 07387-10

    Original file (07387-10.pdf) Auto-classification: Denied

    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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2008 | 08405-08

    Original file (08405-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2009. 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. In connection with this processing, you acknowledged that separation could result in an other than honorable (OTH) discharge and elected to have your...

  • NAVY | BCNR | CY2007 | 10259-07

    Original file (10259-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2008. 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...

  • NAVY | BCNR | CY2008 | 04581-08

    Original file (04581-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. 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 that these factors were not sufficient to warrant recharacterization of your service due to the seriousness of...

  • NAVY | BCNR | CY2008 | 04060-08

    Original file (04060-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2009. 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard...

  • NAVY | BCNR | CY2001 | 06221-00

    Original file (06221-00.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 27 June 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Administrative separation Since the PEB had not been approved by that time, NJPs for nine separate offenses and a vacation action, were singled out for discipline and counseling because of these proceedings, and that command...

  • NAVY | BCNR | CY2007 | 05523-07

    Original file (05523-07.pdf) Auto-classification: Denied

    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 31 August 1990, you were so discharged. 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 | CY2008 | 04706-08

    Original file (04706-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. 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 20 July 1990, you were so discharged.

  • NAVY | BCNR | CY2011 | 02181-11

    Original file (02181-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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...