DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No:
6 November 2002
3380-01
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
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.
You enlisted in the Marine Corps on 30 November 1963 at the age
of 23.
During the period from 19 June 1964 to 14 July 1966 you
received nonjudicial punishment (NJP) on seven occasions and were
convicted twice by summary court-martial (SCM) and twice by
special court-martial (SPCM).
duty, three periods of unauthorized absence (UA) totalling nine
days, two specifications of sleeping on watch, two periods of
absence from your appointed place of duty, two specifications of
disorderly conduct, three specifications of failure to obey a
lawful order, and wrongful appropriation of a radio valued at
$16.
Your offenses were dereliction of
On 1 November 1966 you were convicted by SPCM of two periods of
UA totalling 76 days and breaking restriction.
sentenced to confinement at hard labor for four months, a $80
On 24
forfeiture of pay, and a bad conduct discharge
January 1967 you submitted a written request for immediate
execution of the BCD.
On 8 February 1967, while awaiting
discharge, you were convicted by civil authorities of interstate
transportation of a stolen vehicle and sentenced to probation for
You were
(BCD).
six years.
review, and on 10 March 1967 you were so discharged.
Subsequently, the BCD was approved at all levels of
On 5 November 1976, upon completion of alternate service and in
accordance with a recommendation of the Presidential Clemency
Board, your BCD was changed to a clemency discharge pursuant to
Presidential Proclamation 4313.
issued a clemency discharge certificate.
On 26 January 1978 you were
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
character reference letters, and your
contention that the presidential pardon and clemency you received
in 1978 automatically upgraded your BCD to a general discharge.
Nevertheless, these factors and contention were not sufficient to
warrant recharacterization of your discharge because of the
frequency and seriousness of your misconduct.
noted that the BCD was only changed to a clemency discharge, and
concluded that a further change was not warranted.
your application has been denied.
Accordingly,
Further, the Board
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. DEAR PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 04710-00
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 Board. Shortly Your record further reflects that on 4 February 1976, in accordance with a recommendation of the Presidential Clemency Board, your BCD was changed to a clemency discharge pursuant to Presidential Proclamation...
NAVY | BCNR | CY2009 | 03027-09
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. Nevertheless, the Board found that these factors were not sufficient to.warrant recharacterization of your discharge given your record of three NUP’s and conviction by two SCM’s and one SPCM for serious misconduct. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2010 | 03003-10
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. A year later, on 28 November 1969, you were convicted by SPCM of a 268 day period of UA. On 2 March 1970 you submitted a written request for remission of the BCD and to be issued a general discharge.
NAVY | BCNR | CY2007 | 01912-07
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. During the period from 12 May to 17 November 1967 you were convicted by special court-martial...
NAVY | BCNR | CY2001 | 04154-01
months later, on 2 and 9 May 1967, you received NJP for a two day period of unauthorized absence (UA) and breaking restriction. Approximately five Your record further reflects that on 16 January 1968 you were convicted by SPCM of four periods of UA totalling 155 days. Board concluded these factors and contention were not sufficient to warrant a correction of your naval record given your seven periods of UA totalling 166 days and your three periods of confinement which that your...
NAVY | BCNR | CY2002 | 10343-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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. On 26 October 1966 you were convicted by SPCM of a 67 day period of UA and were sentenced to confinement at hard labor for six months, a $342...
NAVY | BCNR | CY2009 | 02720-09
_ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of...
NAVY | BCNR | CY2010 | 03926-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 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. You requested suspension of the BCD and restoration to earn an honorable discharge.
NAVY | BCNR | CY2009 | 01178-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 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 probable...
NAVY | BCNR | CY2008 | 01178-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 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 probable...