Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 09508-02
Original file (09508-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV

Y
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 9508-02
8 September 2003

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 3 September 2003.
Your allegations of error and
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.
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 5 December 1967 at age 17 and served
for a year and three months without disciplinary incident.
However, during the period from 19 March to 12 August 1969 you
were in an unauthorized absence (UA) status on two occasions for
a total of 93 days.
you were convicted by special court-martial (SPCM) of the
foregoing periods of UA.
hard labor for four months,
forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, you submitted a written request for immediate
execution of the BCD.
of review, on 16 December 1969 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,
contention that the discharge was incorrect and unjust.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your

You were sentenced to confinement at
paygrade E-l, a $328

About a month later, on 17 September 1969,

service in Vietnamese waters, and your

reduction to 

After the BCD was approved at all levels

Accordingly, your

discharge because of your repetitive and lengthy periods of UA
which resulted in a court-martial conviction.
application has been denied.
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,

2



Similar Decisions

  • NAVY | BCNR | CY2002 | 04258-02

    Original file (04258-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 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. .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 | CY2001 | 04596-00

    Original file (04596-00.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 September 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. January 1968 you received NJP for a 14 day period of UA and were awarded a $20 forfeiture of pay. Given the circumstances of your case, the Board concluded...

  • NAVY | BCNR | CY2002 | 10183-02

    Original file (10183-02.pdf) Auto-classification: Denied

    You were again convicted by SPCM on 11 October 1956 of larceny and sentenced to confinement at hard labor for two months, a $60 forfeiture of pay, and a bad conduct discharge (BCD). On 21 October You were sentenced to a $30 forfeiture of pay You were sentenced to confinement at hard Your allegations of error and The BCD However, on' by civil authorities ,on 23 On 11 January 1957 you were convicted by SPCM of the foregoing period of UA and sentenced to a $330 forfeiture of pay, On 3...

  • NAVY | BCNR | CY2002 | 10272-02

    Original file (10272-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. 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 | 04031-07

    Original file (04031-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 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 5 November 1965 and 3 March 1967, you received two more NUJP’s for a four-day period of UA and another period of UA.

  • NAVY | BCNR | CY1999 | 00695-99

    Original file (00695-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 13 July 1999. 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...

  • NAVY | BCNR | CY2002 | 05868-01

    Original file (05868-01.pdf) Auto-classification: Denied

    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. 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,...

  • NAVY | BCNR | CY2010 | 06268-10

    Original file (06268-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 4 February 1969, you were again UA from your unit until you were apprehended one 28 June 1969, by the Federal Breaual of Investigation (FBI), in McClure, Pennsylvania, a period of 138 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2006 | 00043-06

    Original file (00043-06.rtf) Auto-classification: Denied

    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 13 October 1969 at age 18. Subsequently, you were issued a...

  • NAVY | BCNR | CY2002 | 10416-02

    Original file (10416-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, the Board concluded these factors and contentions were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct, and especially the repetitive and lengthy periods...