Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR4332 13
Original file (NR4332 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TAL
Docket No: 4332-13
11 April. 2014

ft

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 2 April 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

26 July 1989 at age 26. You received nonjudicial punishment
(NJP) on two occasions for failure to go to you appointed place
of duty, missing ship’s movement, and wrongful use of controlled
a substance. On 27 March 1997, you were convicted by special
court-martial (SPCM) for failure to obey a general regulation by
sexually harassing a junior enlisted Marine, wrongful use of
marijuana and two instances of assault. The sentence imposed
was confinement, reduction in paygrade, a forfeiture of pay and
a bad conduct discharge (BCD). On 1 October 1998, you received
the BCD after appellate review was complete.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
record of service. 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 two NJPs and an SPCM. Finally, there is no
provision of. law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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 havé

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,
iene canta

ROBERT D. ZSALMAN

Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR4572 13

    Original file (NR4572 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 16 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. 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 | NR4097-13

    Original file (NR4097-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2014. On 11 June 1986, you received the BCD after. 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 | CY2013 | NR3705 13

    Original file (NR3705 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 22 April 2014. 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 four NJP’s and SPCM conviction of a period of UA lasting over five months, ending only in your apprehension. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2013 | NR4078-13

    Original file (NR4078-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 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. 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 | NR7244 13

    Original file (NR7244 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 5 August 2014. Documentary materiai 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 | NR4321 13

    Original file (NR4321 13.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 | CY2013 | NR6911 13

    Original file (NR6911 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 29 July 2014. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your post service conduct, desire to upgrade your discharge, and the passage of time. 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 | 04889 12

    Original file (04889 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 26 March 2013. 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 NJP’s, SPCM conviction of serious offenses, to include wrongful drug use, and the fact that you were aware of the Navy’s policy on drug and alcohol abuse. ...

  • NAVY | BCNR | CY2013 | NR1441-13

    Original file (NR1441-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 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. 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 | NR5390 13

    Original file (NR5390 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 14 May 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...