DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 301-01
6 July 2001
Dear Sixmaeiinemates,
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 27 June 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 24 July
1970 at age 17. The record reflects that you received two
nonjudicial punishments. The offenses included breach of the
peace and disrespect.
A special court-martial convened on 7 September 1972 and you were
found guilty of burglarizing a sergeant’s quarters with the
intent to commit larceny, and possession of marijuana on two
occasions. The court sentenced you to confinement at hard labor
for four months, forfeitures of $100 per month for four months, a
reduction in pay grade, and a bad conduct discharge. You
received the bad conduct discharge on 22 January 1974.
In its review of ‘your application the Board carefully weighed all
potentially mitigating factors, such as your request for
clemency, your satisfactory conduct and proficiency marks and
your assertion that the sentence was too severe compared with
current standards. However, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of the offenses. The Board also
noted that during a period of less than four years, you were the
subject of three disciplinary actions, including a conviction by
special court-martial. In this regard, under current standards
you probably would have received the same discharge. Based on
the foregoing, the Board concluded that no change to the
discharge is warranted. 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
NAVY | BCNR | CY2001 | 06167-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 18 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the fact that your unauthorized absences total-led more than six months. ...
NAVY | BCNR | CY2001 | 02271-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 6 June 2001. injustice were reviewed in accordance with administrative theproceedings of this regulations and procedures applicable to Board. together with all material submitted in support your application, thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2001 | 03442-01
.- 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 3 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 19 December 1975 you waived the...
NAVY | BCNR | CY2001 | 08395-00
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. these factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated misconduct and especially the special court-martial conviction for 47 days of unauthorized absence. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2001 | 05874-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. these factors were not sufficient to warrant recharacterization The record reflects that you received four nonjudicial The offenses included unauthorized absences You received the bad conduct discharge on 24...
NAVY | BCNR | CY2001 | 00990-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 June 2001. serious offense of stealing from a Based on the foregoing, the Board concluded that no change to the discharge is warranted. 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 | CY2001 | 03271-01
You received the bad conduct discharge on 25 June 1985. Concerning the issue that the two nonjudicial punishments were not yours, the Board found that the 18 February 1983 nonjudicial punishment was found only on the court-martial documents under the section of prior nonjudicial punishments. 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 | CY2001 | 03454-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 12 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. received the bad conduct discharge on 11 December 1953. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 06564-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2001. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. A second special court-martial convened on 29 October 1973 and you were found guilty of unauthorized absences totalling 7.9 days. factors were not sufficient to...
NAVY | BCNR | CY2001 | 05971-01
The Naval Discharge Review Board (NDRB) denied your request for recharacterization of your discharge on 4 September 1985. court-martialed on your 21st birthday to make an example out of you, the discharge was unjust, and that your pay record was lost from 1978 to 1979. foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of four NJPs and a special court-martial conviction. Consequently, when applying for a correction of an...