Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR5179 13
Original file (NR5179 13.pdf) Auto-classification: Denied
—""“BEBARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001

ARLINGTON, VA 22204-2490

     

shes
MEPIS

     

BC
Decket No: 05179-13
18 September 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 17 September 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 on 27 May 2008. Your record is
incomplete. However, on 14 October 2010, you received
nonjudicial punishment (NUP) for insubordinate conduct and the
use of indecent language. Apparently, you were advised that
your commanding officer was recommending you for administrative
separation with a discharge under other than honorable
conditions (UOTHC) due to misconduct. Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct. The
@ischarge authority agreed and directed a discharge UOTHC. On 5
November 2010, you were so discharged and assigned an RE-4
(ineligible for reenlistment) reentry code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your NJP, narrative reason for separation, and RE-4 reentry
code. 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 acgion cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence jor other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of régularity 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 J. O'NEILL
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR8736 13

    Original file (NR8736 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 24 September 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...

  • NAVY | BCNR | CY2013 | NR7667 13

    Original file (NR7667 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 27 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. The Board, in its review of your application, carefully weighed all potentially mitigating factors present in your case, such as your prior...

  • NAVY | BCNR | CY2013 | NR7712 13

    Original file (NR7712 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 27 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. 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 | NR8798 13

    Original file (NR8798 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 24 September 2014. 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 | NR7601 13

    Original file (NR7601 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 13 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. On 3 October 1990, administrative separation action was initiated by reason of misconduct: (drug abuse).

  • NAVY | BCNR | CY2014 | NR0446 14

    Original file (NR0446 14.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 May 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 error...

  • NAVY | BCNR | CY2013 | NR7599 13

    Original file (NR7599 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 13 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 so discharged on 18 April 1997 and assigned an RE-4 (not recommended for reenlistment) reentry code.

  • NAVY | BCNR | CY2013 | NR3446-13

    Original file (NR3446-13.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 February 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...

  • NAVY | BCNR | CY2013 | NR9118 13

    Original file (NR9118 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 4 June 2014. you waived your right to have your case heard by an administrative discharge board (ADB). The Board did not consider whether your character of service and narrative reason for discharge should be changed due to the fact that your discharge is less than 15 years old, so you must first apply to the Naval Discharge Review Board (NDRB).

  • NAVY | BCNR | CY2013 | NR7594 13

    Original file (NR7594 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 13 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 elected to have your case heard by an administrative discharge board (ADB).