DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2884-W
6 November 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 5 November 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
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.
on 20 December 1976, you received
The punishment imposed was restriction and extra
You enlisted in the Marine Corps on 2 June 1976 at the age of 17.
Approximately six months later,
nonjudicial punishment (NJP) for absence from your appointed
place of duty.
duty for 14 days.
On 27 January and again on 19 February 1977 you received NJP for
drunk and disorderly conduct, disobedience, being incapacitated
for duty, destruction of property, sleeping on post, and one day
of unauthorized absence
convicted by summary court-martial (SCM) of two specifications
You were sentenced to
each of disrespect and disobedience.
confinement at hard labor for 30 days and a suspended $249.60
forfeiture of pay.
On 25 April 1977 you were
WA).
_
On 7 February 1978 you were convicted by special
(SPCM) of three periods of UA totalling 74 days,
arrest, larceny and assault.
You were sentenced
forfeiture of pay, confinement at hard labor for
a bad conduct discharge (BCD).
court-martial
resisting
to a $1,325
five months, and
On 31 January 1979 you received your fifth NJP for two periods of
absence from your appointed place of duty and disobedience.
The
punishment imposed was a $92 forfeiture of pay and restriction
and extra duty for 14 days.
by SCM of three periods of UA totalling 90 days, disrespect, and
two specifications of assault.
at hard labor for 30 days.
On 28 March 1979 you were convicted
You were sentenced to confinement
On 27 October 1979 you submitted a written request for a general
discharge.
However, this request was denied and on 9 May 1979,
after the BCD was approved at all levels of review, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
discharge upgraded so that you may obtain veterans' benefits.
Nevertheless, the Board concluded these factors and your request
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in five
convictions.
Accordingly, your application has been denied.
and your request to have your
NJPs and three court-martial
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
NAVY | BCNR | CY2007 | 07324-07
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 29 December 1976 at age 19. As a result you forfeited $200 and placed...
NAVY | BCNR | CY2002 | 06039-01
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 | 04465-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 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. The record does not indicate if any disciplinary action was taken for this period of UA. good post service conduct, and your However, the Board concluded these...
NAVY | BCNR | CY2007 | 03716-07
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, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, desire to upgrade your discharge, and the passage of time. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2006 | 09507-06
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 6 February 1975 at age 17. However, your request was denied and...
NAVY | BCNR | CY2007 | 04588-07
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 Navy on 18 March 1976 at age 18. After the BCD was approved at all levels of review, on 25 November 1980 you were so discharged.The Board, in its review of your entire record and application, carefully weighed all potentially mitigating...
NAVY | BCNR | CY2013 | NR2441-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ; application on 25 February 2014. 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 found that these factors were not sufficient to warrant any change in your discharge given your five NUP‘s, one of...
NAVY | BCNR | CY2008 | 03140-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 09236-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct and discharge were the result of you being under the influence of alcohol, and that you were not offered treatment for your alcohol abuse. Consequently, when applying for a...
NAVY | BCNR | CY2002 | 02379-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 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. January 1981 you...