Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR230 14
Original file (NR230 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

POARD FOR COPRECTION OF NAVAL RECORD
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 0230-14
11 December 2014

peer ay.

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 December 2014. 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.

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

18 July 2005. Based on the information currently contained in
your record, you received three nonjudicial punishemnts (NJPs)
for two periods of unauthorized absence, missing ship’s movement,
insubordinate conduct, and disobedience. Additionally, you were
counseled regarding your conduct, and warned that further
misconduct could result in administrative discharge action after
your first NIP. 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). Your case was forwarded recommending that you
received a general discharge by reason of misconduct. The
separation authority concurred and directed a general discharge
by reason of misconduct. You were so discharged on 9 July 2010.
At that time, you were assigned an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, changing the reason for your discharge
and reentry code, and being reinstated to paygrade E-4.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge,
changing the reason for your discharge or reentry code, or
reinstating you to paygrade E-4 given your three NUPs. In this
regard, an RE-4 reentry code is required when a Sailor is
discharged due to misconduct and is not recommended for
reenlistment. The Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. Finally, the Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when and
individual is discharged for misconduct. Accordingly, your
application has been denied.

It is regrettable 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 record, the burden is on
the applicant to demonstrate the existence of material error or
injustice.

Singexyely

    
   

ROBERT J. O'NEILL
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2014 | NR5125 14

    Original file (NR5125 14.pdf) Auto-classification: Denied

    ~B three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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 | CY2014 | NR2692 14

    Original file (NR2692 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive gession, considered your application on 9 December 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 | CY2011 | 00895-11

    Original file (00895-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 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. Subsequently, administrative discharge action was initiated by reason of alcohol rehabilitation failure and commission of a serious offense.

  • NAVY | BCNR | CY2013 | NR8265 13

    Original file (NR8265 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 3 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. The Board did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and...

  • NAVY | BCNR | CY2013 | NR4351 13

    Original file (NR4351 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 9 April 2014. Nevertheless, the Board found that these factors were not sufficient to warrant changing your reentry code given the seriousness of your misconduct that resulted in two NUPs, a ‘civil conviction and that you were no longer qualified for submarine service... The Board believed you were fortunate to receive a general discharge since Sailors who are...

  • NAVY | BCNR | CY2013 | NR5170 13

    Original file (NR5170 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 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 | CY2014 | NR4292 14

    Original file (NR4292 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 6 August 2014. The Board found that your commanding officer's decision to impose the foregoing NJP, and the punishment imposed, was appropriate, and that it was administratively and procedurally correct. 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 | NR7880 13

    Original file (NR7880 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. On 6 December 1994, the discharge authority approved the recommendations for discharge and directed separation under honorable conditions by reason of misconduct due to drug abuse, and on 13 December 1994, you were so discharged. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2013 | NR5621 13

    Original file (NR5621 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 8 July 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 | NR2474-13

    Original file (NR2474-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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...