Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 07295-00
Original file (07295-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
7295-00
Docket No: 
20 September  2001

  Title 10, United

Your allegations of error and

Dear-
This is in reference to your application for correction of your
naval record pursuant to the provisions of
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 September 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.
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 1 April
1976 at age 19.
The record reflects that on 7 January 1977 you
were convicted by a summary court-martial of unauthorized
absences totalling 83 days.
A special court-martial convened on 28   July 1977 and found you
The court
guilty of unauthorized absences totalling 111 days.
sentenced you to confinement at hard labor for two months,
forfeitures of $200 per month for two months, and a bad conduct
Subsequently, you were convicted by civil authorities
discharge.
of two counts of burglary.
confinement for a year.
on 23 October 1979.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences 
totalled more

You received the bad conduct discharge

The court sentenced you to

xordingly,

your application has been denied.

The names and

ix months.
khan
s and a serious 
ard concluded that no 

DEPARTMEN ’
The:.&oxQ,-,a~~&
“7
of
b”nl
z.,,ths.,s&
pject of two disciplinary
four years, YOU wer.
,,co~~,~~'Sf~lsslnlBased on the foregoing,
citi&.h,,uu,v,s
_ 
- 
_ 
than

'ge to the discharge is warranted.

r  OF THE NAV
I”,” 
.,~~&e,.&vj&&o~~i~s  

Y

mvnnv  

rvn 

a 

period 

__ 

__ 

votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled 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

2



Similar Decisions

  • NAVY | BCNR | CY2001 | 01963-01

    Original file (01963-01.pdf) Auto-classification: Denied

    You were sentenced to confinement at hard labor for two months, forfeitures of $240 per month for two months, reduction in rank to PVT (E-l), and a bad conduct discharge. the foregoing factors and contention were insufficient to warrant recharacterization of your discharge given your record of two NJPs and a special court-martial conviction. 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 | 02171-01

    Original file (02171-01.pdf) Auto-classification: Denied

    Board also noted that the initial sentence to a bad conduct discharge was suspended, better discharge. which resulted in the discharge being executed. 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 | 07768-00

    Original file (07768-00.pdf) Auto-classification: Denied

    ability to serve was impaired by personal, financial and family problems; You have submitted evidence showing that you were diagnosed with paranoid schizophrenia in December 1978. factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated and lengthy Concerning the mental illness, periods of unauthorized absence. the advisory opinion concluded that there is no evidence that you were suffering from paranoid schizophrenia during the period...

  • NAVY | BCNR | CY2001 | 04596-00

    Original file (04596-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 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. January 1968 you received NJP for a 14 day period of UA and were awarded a $20 forfeiture of pay. Given the circumstances of your case, the Board concluded...

  • NAVY | BCNR | CY2002 | 06039-01

    Original file (06039-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. convicted by SPCM of the four specifications of disobedience and sentenced to confinement at hard labor for 75 days, a $744 forfeiture of pay, reduction to discharge (BCD). 1978 you were convicted by SPCM of two periods...

  • NAVY | BCNR | CY2001 | 02287-01

    Original file (02287-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 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. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct which...

  • NAVY | BCNR | CY2002 | 04951-02

    Original file (04951-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2002. injustice were reviewed in accordance with administrative regulations and Board. Documentary material considered by the Board consisted your naval record and applicable statutes, pr0cedure.s applicable to the proceedings of this Your allegations of error and After careful and conscientious consideration of the entire record, the Board found that...

  • NAVY | BCNR | CY2002 | 02884-02

    Original file (02884-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. duty for 14 days. However, this request was denied and on 9 May 1979, after the BCD was approved at all levels of review, you were so discharged.

  • NAVY | BCNR | CY2014 | NR04500 14_Redacted

    Original file (NR04500 14_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2014 | NR4500 14

    Original file (NR4500 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. Five months later, on 11 July 1978, you were convicted by a special court-martial (SPCM) of two periods of UA totaling 78 days, and was sentenced to a $530 forfeiture of pay, reduction in pay grade, confinement for two months and a suspended bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record,...