DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701.8, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ~ .
SIN
Docket No: 02510-13
12 March 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 11 March 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 Navy and began a period of active duty on
7. November 1989. . The Board found that on-23°January-1990, you
were counseled regarding a period of unauthorized absence (UA).
You were warned that further misconduct could result in
. administrative discharge action. During the period from
_ 29 January 1990 to 2 April 1991, you received three nonjudicial
punishments (NUP’s) for 10 days UA, larceny, and sleeping on
watch. On 9 April-1991, you were counseled regarding your
pattern of misconduct and warned that further. misconduct could
result in administrative discharge action During the period
from 5 June 1991 to 27 January 1992, you received three
additional NUP’s for two instances of disrespect, insubordinate
‘conduct, two instances of disobedience, drunken or reckless
driving, use of provoking speech, and use of indecent language.
On 9 June 1992, you were convicted by civil authorities of
driving under the influence (DUI) of alcohol. On 28 August 1992
you received NUP for being absent from your appointed.place of
duty, disobedience, dereliction of duty and use of indecent
i]
iy
language. Subsequently, administrative discharge action was
initiated by reason of misconduct: due to commission, of a serious
offense. You waived your rights to consult counsel, submit a
Statement or have your case heard by an administrative discharge
board (ADB). On 2 October 1992, your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 7 October 1992, you
_ received your eighth NJP for three instances of disobedience. on
22 October 1992, the separation authority concurred with your.
icommand’ recommendation, and directed an OTH discharge by reason.
*of misconduct duerto commission of a serious offense. You were
"80 discharged .On 29 October 1992. , Ce
The Board, in its review of your application, carefully weighed
all potentially’ mitigating factors, such as your record of
service, post service accomplishments, character letters, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant.
recharacterization of your discharge given your eight NUP’s for
serious offenses, seven of which were after you were warned of
the consequences of further misconduct, and DUI conviction.
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
lames and votes of. the members of the panel will be furnished
upon nequest..
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 o£ probable material error or injustice.
Sincerely,
“ROBERT D. ZSALMAN
“Acting Executive Director
NAVY | BCNR | CY2008 | 03100-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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. You were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2008 | 08405-08
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 | CY2011 | 00934-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November 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. 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 | CY2013 | NR3689 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. Additionally, you were counseled and warned after your second NUP that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2007 | 10216-07
On 2 December 1991, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 August 1992, you were so discharged.
NAVY | BCNR | CY2008 | 04926-08
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 waived the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2011 | 02164-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 December 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. You were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2012 | 03224-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2013. 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 | 08877-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2008. 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. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2012 | 05740-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2013. 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...