DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CR5
Docket No: 6216—00
4 May 2001
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 2 May 2001. 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 that the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 15 August 1972 at
age 17. The record reflects that you received three nonjudicial
punishments and were convicted by two special courts—martial. The offenses
included unauthorized absences totalling 338 days and willful disobedience
of a lawful order. Subsequently, on 24 December 1975 you were convicted by
Japanese authorities of larceny. The court sentenced you to hard labor for
14 months.
On 23 January 1976 an administrative discharge board recommended that you
be separated with an undesirable discharge by reason of misconduct based
on the civil conviction. After review by the discharge authority, the
recommendation for separation was approved and you were discharged with an
undesirable discharge on 15 July 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterizatiofl of your discharge, given the
seriousness of the civil conviction and the unauthorized absences totalling
more than eleven months. 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
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,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2001 | 01622-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session., considered your application on 26 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2006 | 05838-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 November 2006. On 29 July 1971 you were convicted by civil authorities of trespassing. Finally, even if you were not in the hands of civil authorities during the entire period from 1973 to 1975, you were either in the hands of civil authorities or in a deserter status.
NAVY | BCNR | CY2001 | 07624-00
The Board You received an undesirable discharge However, the Board found that these factors were not such as your youth and The Board believed that considerable clemency was and the two previous disciplinary In its review of your application the Board carefully weighed all potentially mitigating factors, immaturity. sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than a month, actions. ...
NAVY | BCNR | CY2001 | 05743-01
sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than seven months. that you received the benefit of your bargain when your request for discharge was granted and should not be permitted to change The Board concluded that your discharge was proper as it now. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 07575-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. recommendation for separation was approved and you received an undesirable discharge on 6 August 1976. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2001 | 08602-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board also The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially...
NAVY | BCNR | CY2007 | 03994-07
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of three SPCM’s for periods of UA totaling about eight months, and conviction by civil authorities. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial was approved since, by this action, confinement at hard labor and a punitive discharge. ...
NAVY | BCNR | CY2008 | 09625-08
A three-member panel’ of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 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. On 17 June 1976, the discharge authority directed that you be separated with an undesirable discharge by reason of civil conviction.
NAVY | BCNR | CY2002 | 03910-02
November 1973 you were convicted by SPCM of four periods of UA totalling 566 days. On 10 April 1974 the discharge authority directed period of UA. an undesirable discharge by reason of misconduct due to civil conviction.