DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 12481-14
1 May 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 2015. ‘The names and votes of the
members of the panel will be furnished upon request. 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.
In regard to your request for a personal appearance, be advised
that Board regulations state personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of the record.
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
23 November 2004. You served without disciplinary incident
until 12 February 2014, when you received nonjudicial punishment
(NUP) for failure to obey an order and false official
statements. As a result, you were awarded a punitive letter of
reprimand and reduction in rank to the next inferior grade. The
ee
reduction in rank was Suspended for six months. You were
advised of your right to appeal within five days, but chose not
to appeal the punishment. Nonetheless, you have continued your
service obligations without additional disciplinary incidents.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your satisfactory service, desire to remove the NUP, allegations
of being wrongfully punished under the Uniform Code of Military
Justice (UCMJ), and your assertion of temporary mental health
problems as a reason for your inability to defend against the
charges. Nevertheless, the Board concluded these factors were
NUP. Concerning your assertion of a temporary mental health
problem, there is no evidence in the record, and you submitted
none to substantiate your claim. Accordingly, your application
has been denied.
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
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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR1807 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 2015. 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 | CY2007 | 08742-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. 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 | CY2007 | 07948-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. In this regard, mental problems are not an excuse for misconduct, and disciplinary action and administrative separation were appropriate in your case.
NAVY | BCNR | CY2008 | 09424-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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 this regard, you did not appeal your NUPs or submit rebuttal statements to your substandard performance evaluations.
NAVY | BCNR | CY2014 | NR7443 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on S June 2015. 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 | CY2014 | NR2396 14
A’ three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2015. 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 | CY2014 | NR5277 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 May 2015. 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. Although the discharge documentation is not in your record, it appears that the medical board’s recommendation was approved because the separation...
NAVY | BCNR | CY2014 | NR12070 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015. 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 entire record and application with supporting documentation, carefully weighed all potentially mitigating factors,...
NAVY | BCNR | CY2010 | 13341-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 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 | CY2014 | NR7480 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 2015. 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. As a result of this action, you were spared the stigma of another court-martial conviction and the potential penalties of a punitive discharge and...