Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 03947-01
Original file (03947-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

 

-,

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370-5100

TRG
Docket No:
17 October 2001

3947-01

Dea

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 October 2001.
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.

Your allegations of error and

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.

Your offenses were eight periods of unauthorized

You enlisted in the Marine Corps on 12 January 1979 at age 19.
During 1979 you received nonjudicial punishment on three
occasions.
absence totaling about 74 days and larceny.
were convicted by a special court-martial of an unauthorized
absence of about 63 days, breaking restriction and altering an
identification card.
labor without confinement.

On 18 March 1980 you

The court sentenced you to 45 days of hard

Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct.
In connection
with this processing, you elected to waive the right to have your
case heard by an administrative discharge board.
On 8 May 1980
the Assistant Secretary of the Navy approved the recommendation
of your commanding officer and the Bureau of Naval Personnel that
you be discharged under other than honorable conditions.

However, while the administrative discharge recommendation was
being processed, you began another series of unauthorized
absences.
During the period 25 April to 1 July 1980 you were an
unauthorized absentee on three occasions totaling about 35 days.

You were subsequently convicted of the theft of an

On 5 July 1980 you began a another period of unauthorized
Five days later, you were apprehended by civil
absence.
authorities.
automobile and were sentenced to three years probation.
returned to the Marine Corps on 12 February 1981, a total period
A special court-martial convened
of absence of
on 27 March 1981 and convicted you of the foregoing four periods
of unauthorized absence totaling about 262 days.
sentenced you, as mitigated,
and a bad conduct discharge.
issued on 27 July 1982.

to 45 days confinement at hard labor
The bad conduct discharge was

about 217 days.

You were

The court

In its review of your application,
the Board carefully weighed
all potentially mitigating factors, such as your youth, limited
education and your contention, in effect, that drug and alcohol
abuse led to your misconduct.
and contentions were not sufficient to warrant recharacterization
of your discharge given your multiple and lengthy periods of
unauthorized absence and other misconduct.
There is no evidence
in the record, and you have submitted none, to show that drug and
alcohol abuse was a factor in your case.
However, even if true,
the regulations state that alcohol and drug abuse do not excuse
misconduct, and disciplinary action is appropriate in such cases.

The Board found that these factors

The Board concluded that the discharge was proper as issued and

no change is warranted.

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

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



Similar Decisions

  • NAVY | BCNR | CY2007 | 07529-07

    Original file (07529-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...

  • NAVY | BCNR | CY2012 | 04128-12

    Original file (04128-12.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. In February 1980 you were advised that administrative separation action had been initiated by reason of misconduct, but held in abeyance pending a medical evaluation for alcohol abuse. You were sentenced to confinement at hard labor for two months, a $598 forfeiture of pay, and a...

  • NAVY | BCNR | CY2003 | 02429-03

    Original file (02429-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction Records, sitting in executive session, considered your application on 3 September 2003. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your record of misconduct, and especially the lengthy period of unauthorized absence of which you were convicted by the special court-martial. Consequently, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2002 | 02178-02

    Original file (02178-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 2 convicted by summary court-martial On 19 February 1980, you were of an unauthorized absence from 25 January to 29 January 1980, a failure to go to appointed place of duty; period of four days; missing ship's movement; The punishment...

  • NAVY | BCNR | CY2003 | 00142-03

    Original file (00142-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. On 16 October 1980 an ADB recommended discharge under other than honorable conditions by reason of misconduct. 2 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 | CY2002 | 05345-02

    Original file (05345-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 29 July 1980 you were convicted by a special court-martial of two periods of unauthorized absence totaling 131 days, from 31 You were sentenced to confinement at hard January to 26 March 1980 and 28 April to 14 July...

  • NAVY | BCNR | CY2006 | 02435-06

    Original file (02435-06.rtf) 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.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 Marine Corps on 29 July 1977 at age 20. On 24October 1979 you were convicted by...

  • NAVY | BCNR | CY2006 | 02149-06

    Original file (02149-06.rtf) 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.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 injusticeYou enlisted in the Navy on 19 Narch 1979 at age 18. On 6 November 1980 you were convicted by special...

  • NAVY | BCNR | CY2005 | 02292-05

    Original file (02292-05.doc) 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. In addition, there is no evidence in the records to show that you abused drugs or alcohol while in the service.’ Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to...

  • NAVY | BCNR | CY2007 | 02159-07

    Original file (02159-07.rtf) 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.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.You enlisted in the Navy on 3 October 1979 at age 19. On 20 April 1981, you escaped~ from...