DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2901-01
11 February 2002
Dear
m
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 February 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
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 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 28 June 1976
Your record reflects that you served for two
at the age of 17.
years and nine months without disciplinary incident but on 26
March 1979 you received nonjudicial punishment (NJP) for underage
drinking while on duty.
forfeiture of pay and restriction and extra duty for 14 days.
Shortly thereafter, on 9 April 1979, you received NJP for a six
day period of unauthorized absence (UA) and wrongful possession
of government documents.
forfeiture of pay, reduction to
custody for 30 days.
you were convicted by civil authorities of felony grand theft
You were sentenced to a $2,337 fine and probation for
auto.
On 14 January 1980, following a 101 day period of
three years.
UA, you were released from civil custody and returned to military
authorities.
paygrade E-2, and correctional
On 5 October 1979, while in a UA status,
The punishment imposed was a $115
The punishment imposed was a $400
Your record further reflects that on 16 April 1980 you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 43 days and were sentenced to confinement at hard labor
and restriction for 30 days.
On 14 August 1980 you received NJP
for three periods of UA totalling 17 days, destruction of
government property, and disobedience.
was a $116 forfeiture of pay and restriction for 10 days.
September 1980 you received NJP for a day of UA and were awarded
restriction for 10 days and a $52 forfeiture of pay, which was
suspended for four month.
October 1980 for two periods of UA totalling two days and were
awarded a $116 forfeiture of pay and restriction for 10 days. On
21 October 1980 the suspended forfeitures awarded at the 19
September 1980 NJP were vacated due to your continued misconduct.
You received your fifth NJP on 3
The punishment imposed
On 19
After consulting with legal counsel, you elected to
On 7 November 1980 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civil
authorities.
present your case to an administrative discharge board (ADB). On
5 December 1980 an ADB recommended you be separated under other
than honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities.
Subsequently, your commanding officer recommended
you be discharged under other than honorable conditions by reason
of misconduct.
recommendation and directed an other than honorable discharge by
reason of misconduct.
discharged.
The discharge authority approved the foregoing
On 15 December 1980 you were so
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct in both the
military and civilian communities.
Given all the circumstances
of your case, the Board concluded your discharge, was proper as
issued and no change is warranted.
has been denied.
However, the Board concluded these
Accordingly, your application
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.
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 03762-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2002. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. During the period from 28 March to 23 December 1980 you received nonjudicial punishment (NJP) on four occasions for a five day period of unauthorized absence...
NAVY | BCNR | CY2002 | 02178-02
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 | CY2002 | 05127-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 January 1981 you received your fifth NJP for a 12 day period of UA and were awarded reduction to duty and restriction for 30 days, paygrade E-2, extra and a $250 forfeiture of pay. The record does not, however,...
NAVY | BCNR | CY2002 | 08307-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2003. 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. You then requested that your case be considered by an administrative discharge board (ADB).
NAVY | BCNR | CY2003 | 00142-03
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 | 05812-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. recommended you be issued an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. 2 Consequently, when applying for a correction of an...
NAVY | BCNR | CY2010 | 06151-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 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. You served without disciplinary incident until 6 July 1978, when you received nonjudicial punishment (NJP) for absence from your appointed place of...
NAVY | BCNR | CY2001 | 02044-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2000. 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. on 9 March 1969, you were On 15 December 1969 you received NJP for a two pay period punishment imposed was restriction for seven days and You were sentenced...
NAVY | BCNR | CY2007 | 08151-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 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. On 6 March 1980 the discharge authority approved this recommendation and directed discharge under other than honorable conditions, and on 27 March...
NAVY | BCNR | CY1999 | 07289-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...