DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 03643-13
24 April 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 22 April 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of ENLS
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.
On 22 February 1984, you reenlisted in the Navy after serving
over two years of honorable service. The Board found that on
4 August 1986, you received nonjudicial punishment (NJP) for four
instances of unauthorized absence (UA). You received
restriction, extra duty, a reduction in paygrade and a suspended
forfeiture of pay. Additionally, you were counseled and warned
that further misconduct could result in administrative discharge
action. During the period from 5 January to 3 September 1987,
you received three additional NJP’s for four periods of UA
totaling 40 days and missing ship’s movement. 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
14 September 1987, 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 due to a
pattern of misconduct. You were so discharged on 23 October
1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP’s, three
of which were after you were warned of the consequences of
further misconduct. 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,
TRLALRED, omens
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR6723 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 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. You were warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 04685-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 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. On 19 December 1985, you received nonjudicial punishment (NUP) for a four day period of unauthorized absence (UA) from your unit and dereliction of duty.
NAVY | BCNR | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 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 | NR9084 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2014. 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 | CY2009 | 00731-09
On 20 June 1988, you received NUP for wrongful use of marijuana and UA. Additionally, after your third NUP, you were counseled and warned that further | misconduct could result in administrative discharge action.. On 27 June 1988, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. Board.
NAVY | BCNR | CY2012 | 03190-12
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 | CY2013 | NR3341-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 26 February 2014. Documentary material considered by the Board consisted of- your application, tegether 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 | NR2433-13
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 a pattern of misconduct. 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 | 04845-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record, and applicable statutes, regulations, and policies. The Board found that he was counseled regarding periods of unauthorized absences (UA) and wrongful use of a controlled substance, and...
NAVY | BCNR | CY2013 | NR7115 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...