Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 09030-05
Original file (09030-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 2O37O~51oo        


                  CRS
 Docket No: 9030-05
          25       January  2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United Stat s Code section 1552.
A th r ee-member panel of the Board for Correction of Naval Records , sitting in executive session, con sidered your application on 18 January 2007. Your allegations of error and injust ice 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.
The Board found that you enlisted in the Marine Corps on 15 May 1967. The record reflects that you received three nonjudicial punishments and were convicted by a special court-martial. The offenses included unauthorized absences totaling five days, willful disobedience of a lawful order on two occasions, disrespect, possession of drugs on two occasions, and violation of a lawful regulation.
on 3 March 1970 your commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness. When informed of this recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged with an undesirable discharge on 19 March 1970.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that an undisclosed mental illness caused your misconduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your record of frequent involvement with military authorities. Specifically you were the subject of four disciplinary actions within a period of less than three years. Further, there is no evidence in the record, and you have submitted none, to show that you suffered from an undisclosed mental illness at the time of your service. Moreover, even if you did, and it became symptomatic during your period of active duty, there is no indication that the disorder caused an inability to know right from wrong or adhere to the right, or that it was sufficiently mitigating to warrant recharacterization Accordingly, your 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,


ROBERT D . Z SALMAN
 Acting Executive Director
Copy to:         The American Legion
















2

Similar Decisions

  • NAVY | BCNR | CY2007 | 02088-07

    Original file (02088-07.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Marine Corps on 26 September 1967. After review by the...

  • NAVY | BCNR | CY2006 | 07844-06

    Original file (07844-06.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 17 October 1973 at age 17. On 31 July 1974, you received...

  • NAVY | BCNR | CY2007 | 08013-07

    Original file (08013-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. 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 | 06552-08

    Original file (06552-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 May 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband’s naval record and applicable statutes, regulations and policies. His request for discharge was approved by the separation authority, and he received an undesirable discharge on 3 March 1970.

  • NAVY | BCNR | CY2009 | 04037-09

    Original file (04037-09.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 August 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. The Board further considered your previous applications with this Board in March 2000 and the Naval Discharge Review Board in December 1984.

  • NAVY | BCNR | CY2007 | 01875-07

    Original file (01875-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. Your military record shows that you submitted a written request for an undesirable discharge in order to avoid trial by court- martial for escape,...

  • NAVY | BCNR | CY2006 | 05363-06

    Original file (05363-06.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Marine Corps on 4 November 1968 after three years of prior...

  • NAVY | BCNR | CY2001 | 04200-01

    Original file (04200-01.pdf) Auto-classification: Denied

    _ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 2001. 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 | CY2005 | 05754-05

    Original file (05754-05.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you reenlisted in the Navy on 27 November 1957 after more than two years of...

  • NAVY | BCNR | CY2002 | 08125-01

    Original file (08125-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...