DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
23 August 2003
9689-02
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 17 June 2003.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 17 July 1978 at age 18.
During the period 11 July 1978 to 3 August 1981 you received
nonjudicial punishment on five occasions.
possession of marijuana, resisting apprehension, two instances of
disobedience and two instances of disrespect.
On 17 March 1981, you were notified of separation processing by
reason of misconduct.
were convicted by a summary court-martial of disrespect and
disobedience.
months.
An administrative discharge
considered your case.
the delay was caused by the unit's deployment, counsel's
unavailability, and the necessity of returning the discharge
processing package for corrections on two occasions.
The ADB
found that you had committed misconduct due to frequent
involvement with military authorities and recommended discharge
under other than honorable conditions.
discharge authority approved the recommendation of the ADB and
(ADB) convened on 23 March 1982 to
The recorder stated during the ADB that
You then served without incident for about 11
About a month later, on 15 April 1981, you
Your offenses were
On 5 April 1982 the
You
directed discharge under other than honorable conditions.
were so discharged on 16 April 1982.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contentions that personal and marital problems contributed to
The Board also noted
your problems while in the Marine Corps.
the one-year delay in the discharge processing, during which you
However, the Board
served without any disciplinary infractions.
concluded that a record that included five nonjudicial
punishments and a summary court-martial conviction was sufficient
to support discharge processing and a characterization of service
The Board concluded
as under other than honorable conditions.
that the discharge was proper as issued and no change is
warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2008 | 05380-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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 | 02702-08
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 concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were warned that further infractions could result in administrative discharge. Consequently,...
NAVY | BCNR | CY2007 | 08463-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. 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,...
NAVY | BCNR | CY2013 | NR3860-13
A three-member panel of the Board for Correction of Naval _ Records, sitting in executive session, considered your ; application on 19 March 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. 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 | 03179-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR8945 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2010 | 11286-10
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable...
NAVY | BCNR | CY2008 | 05252-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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 | CY2007 | 10133-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2008. 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...
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...