DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5155-01
22 January 2002
Dear
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 15 January 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.
The Board found you enlisted in the Marine Corps on 17 March 1977
at the age of 18.
Your record reflects that you served a year
without disciplinary incident but on 6 April 1978 you received
nonjudicial punishment
(NJP) for a day of unauthorized absence
(UA) and were awarded a $255 forfeiture of pay and correctional
custody for 30 days, which was suspended for three months.
On 4 December 1978 you were convicted by civil authorities of
3-l/2 years.
robbery and sentenced to confinement for
On 13 December 1978, while in the custody of civil authorities,
you were notified of pending administrative separation action by
reason of misconduct due to civil conviction.
At that time you
waived your rights to consult with legal counsel and to present
your case to an administrative discharge board.
On 14 December
1978 your commanding officer recommended an undesirable discharge
by reason of misconduct due to civil convictions.
Subsequently,
the discharge authority directed an other than honorable
discharge, and on 21 August 1980 you were so discharged.
2-l/2 to
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct.
The Board
further considered your contention that your discharge is unjust
because you have paid for the misconduct which
were in the service.
and contention were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your
misconduct in both the military and civilian communities.
all the circumstances of your case,
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
occured while you
However, the Board concluded these factors
the Board concluded your
Given
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
NAVY | BCNR | CY2006 | 08376-06
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 27 January 1977 at age 20. However, after serving 69 days of your...
NAVY | BCNR | CY2002 | 03152-01
your application, thereof, your naval record, and policies. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this After careful and...
NAVY | BCNR | CY2001 | 08643-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2002. On 6 October 1977 an ADB recommended an other than honorable discharge by reasion of misconduct due to civil conviction. 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 | CY2001 | 02291-01
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. if any, disciplinary action On 11 December 1980 you However, during (NJP) for four periods of absence and were awarded a $75 Your record further reflects that on 5 January 1981 you were convicted by civil authorities of three specifications of selling narcotics and were sentenced to...
NAVY | BCNR | CY2002 | 03917-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. of administrative separation by reason of misconduct due to civil conviction and homosexuality, to consult legal counsel, present your case to an administrative discharge board, or to submit a statement in rebuttal to...
NAVY | BCNR | CY2002 | 05181-01
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 circumstances of your case, the Board concluded your discharge was proper as issued and no change is warranted. 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 | 08750-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 June 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. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge because of...
NAVY | BCNR | CY2010 | 11683-10
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. However, the record does not reflect the disciplinary action taken, if any, for this misconduct. 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 | 03661-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 1971, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and were awarded a $40 forfeiture of pay and restriction for seven days. three months, a $300 forfeiture of pay, and a...
NAVY | BCNR | CY2002 | 06453-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. the disciplinary action taken, paygrade E-l and a $50 forfeiture of However, the record does not reflect if any, for these periods of UA. Consequently, when...