DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 5133-13
29 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 29 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. .
You enlisted in the Navy and entered a period of active duty on
22 July 1991. You received nonjudicial punishment on three
occasions and were convicted by a summary court-martial. Your
offenses included failure to obey a lawful order {three
instances), being drunk and disorderly, wrongful possession of
another Sailor’s identification card, absence from your
appointed place of duty (five instances), a 51 day period of
unauthorized absence, missing the movement of your ship, and
dereliction of duty. You were then notified that your
commanding officer was recommending you for administrative
separation due to misconduct. You exercised your procedural
right to have your case heard by an administrative discharge
board (ADB). The ADB met, found that you had committed
misconduct, and recommended that you be discharged with an other
than honorable (OTH) characterization of service. On 4 November
1993, you were discharged with an OTH characterization of
service due to misconduct, and assigned an RE-4 (not recommended
for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be upgraded due to your
numerous acts of misconduct. You are advised that no discharge
is upgraded due merely to the passage of time or post service
good conduct. In view of the above, 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,
nO Smeaanen
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2014 | NR2447 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You exercised your procedural right to have your case considered by an administrative discharge board (ADB). 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 | NR5842 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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 | NR5838 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 28 May 2014. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to 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 | CY2013 | NR4698 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2014. However, the Board ‘concluded that your discharge should not be upgraded due to your numerous acts 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 | CY2013 | NR5931 13
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application 3 June 2014. 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 | CY2013 | NR5808 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2014. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to 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 | CY2013 | NR5320 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 14 May 2014. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to 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 | CY2013 | NR5170 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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. You exercised your procedural right to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2013 | NR5029 13
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 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 | CY2013 | NR5369 13
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...