Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 07708-01
Original file (07708-01.pdf) Auto-classification: Denied
DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 7708-01 
10 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. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 7 May 2002.  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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

The Board found you enlisted in the Marine Corps on 20 September 
1971 at the age of 17.  Your record reflects that on 11 March 
1972 you began a period of unauthorized absence (UA).  On 25 May 
1972, while in a UA status, you were convicted by civil 
authorities of operating an automobile without permission and 
were sentenced to probation for a year.  Shortly thereafter, on 
11 June 1972, you received nonjudicial punishment  (NJP) for a 76 
day period of UA and disrespect.  The punishment imposed was 
reduction to paygrade E-1, a $100 forfeiture of pay, and 
restriction for 60 days, half of which was suspended for three 
months. 

Your record further reflects that on 22 January 1973 you were 
convicted by civil authorities of being in the presence of 
dangerous drugs and were sentenced to probation for a year. 
Approximately a month later, on 21 February 1973, you received 
NJP for absence from your appointed place of duty.  The 
punishment imposed was restriction for 14 days and a $50 
forfeiture of pay, which was suspended for three months. 

On 10 April 1973 you were notified of pending administrative 
separation action by reason of unfitness due to frequent 
involvement of a discreditable nature with military and civilian 
authorities.  At that time you waived your rights to consult with 
legal counsel, present your case to an administrative discharge 
board, and to submit a statement in rebuttal to the discharge. 
On 18 April 1973 your commanding officer recommended an 
undesirable discharge by reason of unfitness.  On 11 May 1973 the 
discharge authority approved the foregoing recommendation and 
directed an undesirable discharge, and on 25 May 1973 you were so 
discharged.  At that time you were assigned an RE-4 reenlistment 
code. 

The Board, in its review of your entire record and application, 
carefully considered all mitigating factors, such as your youth 
and immaturity, post service conduct, and character reference 
letters.  The Board also considered your contentions that your 
ability to serve was impaired by alcohol and drug abuse, and that 
your discharge was too severe when compared with today's 
standards. However, the Board found these factors and contentions 
were not sufficient to warrant recharacterization of your 
discharge or a change of your narrative reason for separation or 
reenlistment code given your repetitive misconduct in both the 
military and civilian communities.  Given all the circumstances 
of your case, the Board concluded your discharge, narrative 
reason for separation, and reenlistment code were proper and no 
change 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 
p r e r 1 : m n t i o n   of r e g u l - a r i  t.v  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 PFE IFFER 
Executive Director 



Similar Decisions

  • NAVY | BCNR | CY2002 | 00632-02

    Original file (00632-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. 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. CNP further directed that you be advised that you were being placed in a probationary status for a period of 12 months and that the CO was authorized to...

  • NAVY | BCNR | CY2001 | 06606-01

    Original file (06606-01.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 March 2002. 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 | CY2001 | 00327-01

    Original file (00327-01.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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2002 | 10329-02

    Original file (10329-02.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. On 11 May and again on 16 July 1959 you were convicted by summary court-martial (SCM) of a one day period of unauthorized absence (UA), failure to obey a lawful order, absence from your appointed place of duty, resisting arrest, and breach of the peace. The Board, in its review of your...

  • NAVY | BCNR | CY1998 | 07460-98

    Original file (07460-98.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 April 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.

  • NAVY | BCNR | CY1998 | 07464-98

    Original file (07464-98.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. On 24 October 1973 you submitted a written request for immediate execution of the BCD. veterans1 benefits after being discharged with a BCD.

  • NAVY | BCNR | CY2001 | 08725-01

    Original file (08725-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2002. He stated that he had been taking lfyellow jackets" since being in the navy for 3-1/2 years. On 23 July 1954 you were notified of pending administrative separation action by reason of unfitness.

  • NAVY | BCNR | CY1999 | 01128-99

    Original file (01128-99.pdf) Auto-classification: Denied

    A three-raember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 1999. The punishment imposed was forfeitures totalling $75 and restriction for 10 days. However, t h e Board found the evidence and materials submitted w e r e n o t s u f f i c i e n t t o warrant r e c h a r a c t e r i z a t i o n o f your d i s c h a r g e given t h e s e r i o u s n a t u r e o f your f r e q u e n t misconduct, which r e s u l t e d...

  • NAVY | BCNR | CY2001 | 07148-01

    Original file (07148-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2002. 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...

  • NAVY | BCNR | CY2000 | 06969-00

    Original file (06969-00.pdf) Auto-classification: Denied

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