KE,
foo
: wane” 6
DEFARIMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2779-14
10 December 2014
Dear Qa y.
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
18 November 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
18 March 1985. During the period from 30 October 1985 to
11 September 1987, you received two nonjudicial punishments
(NJPs) for drunk and disorderly conduct, disrespectful language,
disobedience, and communicating a threat. Additionally, on four
occasions, you were counseled regarding your conduct, and warned
that further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to commission of a serious
offense. 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 to the separation authority
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority concurred and directed an OTH discharge by reason of
misconduct. You were so discharged on 22 October 1987.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, letters of
recommendation, desire to upgrade your discharge, and belief that
your characterization of service would automatically change six
months after your discharge. Wevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUPs. The Board noted that you
waived the right to an ADB, your best chance for retention or a
better characterization of service. Finally, you are advised
that there is no provision of law or in Navy regulations that
allows for recharacterization of a discharge automatically after
six months or due solely to the passage of time. 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 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. 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.
Sin el
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2013 | NR4115 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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 | NR2937-13
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 misconduct due to wrongful drug use. 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 | NR8344 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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. on 20 August 1986, you received NUP for breaking restriction.
NAVY | BCNR | CY2013 | NR2495-13
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, . Subsequently, administrative discharge “action was initiated by reason of misconduct due to wrongful drug use. 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 | NR6690 13
AB three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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. On 12 April 1983, your case was found to be sufficient in law and fact.
NAVY | BCNR | CY2013 | NR8330 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2014. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NUP’s, one of which was after you were notified that you were being administratively separated for a serious offense.
NAVY | BCNR | CY2013 | NR2474-13
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...
NAVY | BCNR | CY2013 | NR4019 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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 | CY2009 | 10225-09
_A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. 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 | NR4039 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. You were so discharged on 23 May 1988. 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.