Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 02684-99
Original file (02684-99.pdf) Auto-classification: Denied
I 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

D E P A R T M E N T  O F  T H E  N A V  
BOARD FOR CORRECTION OF NAVAL RECORD 

Dear - This is in reference to your application for correction of your 

TRG 
Docket No: 2684-99 
25 August 1999 

naval record pursuant to the &ovisions  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 24 August 1999.  Your allegations of error and 
injustice were reviewed in accordanoe 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. 

I 

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. 
The Board found that you enlisted in the  brine Corps on 6 
January 1970 at age 21.  The record shows 
you began a period of unauthorized 
were apprehended by civil 
guilty to theft and were 
jail, half of which was suspended. 

on 2 February 1970 
10 April 1970 you 

1970 you plead 

in the county 

you were processed 

with this 

your case 
July 1970 the 

Based on your conviction by civil 
for an administrative discharge. 
processing you elected to waive 
heard by an administrative 
discharge authority 
commanding officer 
undesirable 

In its review of your application the Boar  carefully weighed all 

potentially mitigating factors, such as yo k r contention, in 

effect, that you were improperly discharged because you were 
arrested by civil authorities for a minor offense while home on 
emergency leave.  The Board found that these factors and 
contentions were not sufficient to warrant recharacterization of 
your discharge given your period of unauthprized absence and 

especially your conviction by civil author$ties of theft.  The 
Board noted that there is no evidence of emergency leave in the 
record.  Since you never returned to the Marine Corps, the record 
shows that you were an unauthorized absentee from 2 February 1970 
until your discharge, a period of about 134 days.  The Board 
concluded that the discharge was proper as issued and no change 
is warranted. 

Accordingly, your application has been den ed.  The names and 
votes of the members of the panel will be  urnished 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, 



Similar Decisions

  • NAVY | BCNR | CY1998 | 08793-98

    Original file (08793-98.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 April 1999. 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. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to l the serious theft...

  • NAVY | BCNR | CY2003 | 00780-03

    Original file (00780-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, and applicable statutes, regulations and policies. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in three NJPs, a SCM conviction for a lengthy period of unauthorized absence, and the civil conviction for drug possession. Consequently, when applying for a...

  • NAVY | BCNR | CY2002 | 04258-02

    Original file (04258-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2003. 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 | CY2001 | 00327-01

    Original file (00327-01.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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2001 | 05434-01

    Original file (05434-01.pdf) Auto-classification: Denied

    Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your military record shows that on 10 February 1970 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for an unauthorized absence of nine days, two instances of willful disobedience of a lawful order, two instances of disrespect, theft of a jeep, assault, and possession of...

  • NAVY | BCNR | CY2000 | 06666-00

    Original file (06666-00.pdf) Auto-classification: Denied

    A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 7 March 2001. 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. However, on 18 March 1959, you waived your right to request restoration to duty and requested that the bad conduct discharge be executed.

  • NAVY | BCNR | CY1998 | 08320-98

    Original file (08320-98.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 May 1999. 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 | CY2001 | 07215-01

    Original file (07215-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting &in executive session, considered your application on 2 April 2002. 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...

  • NAVY | BCNR | CY1998 | 08438-98

    Original file (08438-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 1999. 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...

  • NAVY | BCNR | CY1999 | 00095-99

    Original file (00095-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 1999. 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...