Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 02437-02
Original file (02437-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 2437-02
18 October 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 16 October 2002.
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.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
and policies.

Your allegations of error and

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 Reserve on 16 March 1956 at the
age of 17.
punishment (NJP) for failure to go to your appointed place of
duty and were awarded restriction for two weeks.

On 24 September 1956 you received nonjudicial

On 24 April and 12 August 1957 you received NJP for absence from
your appointed place of duty and failure to obey a lawful order.
On 16 April and again on 2 July 1958 you received NJP for two
periods of unauthorized absence (UA) totalling eight days.
Subsequently, on 10 July 1958, you were released from active duty
under honorable conditions.
general discharge.

On 23 March 1962 you received a

Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
An average
periodic evaluations.
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.

Your conduct average was 3.8.

and your contention that your

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
discharge should be upgraded because your infractions were of a
relatively minor nature and did not interfere with the
performance of your duties,
faithful.
contention were not sufficient to warrant a change in the
characterization of your service because of your repetitive
misconduct which resulted in five disciplinary  
your conduct average was insufficiently high to warrant a fully
honorable characterization of service.
application has been denied.

Nevertheless, the Board concluded these factors and

and since your service was otherwise

actions, and since

Accordingly, your

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

2



Similar Decisions

  • NAVY | BCNR | CY2010 | 02609-10

    Original file (02609-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2011. 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. Finally, Sailors with an extensive record of misconduct, such as yours, normally receive discharges under other than honorable conditions, and...

  • NAVY | BCNR | CY2010 | 11259-10

    Original file (11259-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 2 August 2011. 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. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

  • NAVY | BCNR | CY2009 | 12366-09

    Original file (12366-09.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 September 2010. 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...

  • NAVY | BCNR | CY1998 | 07383-98

    Original file (07383-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of two NJPs, three summary courts-martial convictions, and a special court-martial conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2002 | 05040-02

    Original file (05040-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 19 November 1956 you received NJP for The punishment The punishment imposed was 10 On 13 February 1957 you were convicted by summary court-martial of failure to obey a lawful order and damaging government property. ...

  • NAVY | BCNR | CY2001 | 02060-00

    Original file (02060-00.pdf) Auto-classification: Denied

    On 3 January 1959 you received NJP for failure to go to your appointed place of duty. thereafter, on 27 February 1959, you were convicted by SCM of The punishment imposed was reduction to - absence from your appointed place of duty and were sentenced to hard labor for 35 days. concluded these factors were not sufficient to warrant a change in your discharge given your frequent misconduct, which resulted in nine NJPs and two court-martial convictions, and since your conduct average was...

  • NAVY | BCNR | CY2007 | 00430-07

    Original file (00430-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 July 2007. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct and...

  • NAVY | BCNR | CY2002 | 04663-02

    Original file (04663-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 7 February 1958 you received NJP for failure to The punishment imposed was The punishment imposed was a reduction you were convicted by summary court-martial On 22 February 1958, of two instances of breach of the...

  • NAVY | BCNR | CY2002 | 02218-02

    Original file (02218-02.pdf) Auto-classification: Denied

    officer recommended an undesirable discharge by reason of unfitness. were so discharged. 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 | CY2010 | 01503-10

    Original file (01503-10.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 October 2010. 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...