DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1622-01
27 September 2001
-.-
-.-
v
Dear
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 26 September 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 30
August 1974 at age 18.
you received nonjudicial punishment for an unauthorized absence
of 17 days.
authorities of breaking and entering.
confinement for 90 days.
On 8 December 1975 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
misconduct due to the civil conviction.
received two nonjudicial punishments.
unauthorized absences totalling 52 days.
discharge authority, the recommendation for separation was
approved and you received an undesirable discharge on 30 January
1976.
In its review of your application the Board carefully
potentially mitigating factors,
such as your youth and
immaturity.
weighed all
However, the Board concluded that these factors were
Subsequently, you
The offenses included
After review by the
On 23 July 1975 you were convicted by civil
The record reflects that on 18 July 1975
The court sentenced you to
*
.
.
-.--
-.-_
__
.._
___._~_..
-_.
_____.~
--
.--._..
_.
..__._
.
. . . . . . . .
__
. .
_~_____.____
____
_-II__
Accordingly, your application has been
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction and your frequent
military offenses.
The names and votes of the members of the panel will be
denied.
furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitied to have the
favorable action cannot be taken.
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 | CY2000 | 06216-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
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 | CY1998 | 03990-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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 | CY2002 | 07839-01
DEPARTMENTOFTHE NAV Y BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 7839-01 15 May 2002 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. sitting,in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 14 May 2002. injustice were reviewed in accordance with...
NAVY | BCNR | CY2000 | 06969-00
A three-member panel of the Board for Correction of Naval 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. 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 | CY2002 | 01199-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2002. 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. Consequently, when...
NAVY | BCNR | CY2000 | 02387-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 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. On 14 August 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court—martial for an unauthorized absence of...
NAVY | BCNR | CY2008 | 00061-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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, the discharge authority concurred with the ADB and directed that you receive an undesirable discharge due to misconduct on the...
NAVY | BCNR | CY2009 | 09737-09
A three-member panel of the Board for Correction of Naval ‘Records, gitting in executive session, considered your application on 31 March 2010. ‘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. 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 | 04580-01
statement from the American Legion in The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, support of your case, and your contention that you did not know The Board also that you had received an undesirable discharge. the Board concluded these factors and Concerning your contention of inadequate assistance of counsel, the Board noted that this Sixth Amendment right does not apply...