Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08092-06
Original file (08092-06.rtf) Auto-classification: Denied

                                    DEPARTMENT OF THE NAVY
                   BOA RD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNEX
 WASHINGTON DC 2O37O - 51OO

Docket No: 08092 - 06
2 March 2007











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 28 February 2007. 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 Marine Corps on 8 October 1969 at age 17. On 15 and 31 October 1969 you received nonjudicial punishment (NJP) for two brief periods of unauthorized absence (UA) . On
10 February 1970 you were convicted by summary court-martial (SCM) of a brief period of UA, and breaking medical quarantine.
On 24 February 1970 you began a period of UA that lasted 28 days, ending on 24 March 1979. On 26 March 1970 you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the UA. However, your request was denied and you were convicted by a second SCM of the UA. You were sentenced to confinement at hard labor and a forfeiture of pay.
On 23 April 1970 you were processed for an administrative discharge by reason of unfitness. You then elected to waive the right to have your case heard by a board of officers. On 15 May 1970 your commanding officer recommended an undesirable discharge by reason of unfitness. On 3 June 1970 you received a third NJP for a brief period of UA. On 12 June 1970 the separation authority, refused to approve the recommendation for separation.
On 30 October 1970 you were convicted by special court-martial (SPCM) of two periods of UA totaling 47 days. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD). On 23 March 1971 you received the BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of three NJP’s and convictions by two SCM’s and a SPCM for periods of UA totaling more than two months. Further, you were given a second chance when the separation authority disapproved the recommendation for administrative separation, but you failed to take advantage of this opportunity and departed on another period of UA. 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,




















2

Similar Decisions

  • NAVY | BCNR | CY2001 | 05019-01

    Original file (05019-01.pdf) Auto-classification: Denied

    Your record reflects that on 22 September 1969 you received nonjudicial punishment (NJP) for a 25 day period of unauthorized absence (UA) and were awarded restriction for 14 days and a seven day forfeiture of pay. On 14 May 1973 you received an On 29 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, limited education, low test scores, The Board further considered your and Vietnam service. ...

  • NAVY | BCNR | CY2012 | 01145 12

    Original file (01145 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2002 | 06320-01

    Original file (06320-01.pdf) Auto-classification: Denied

    request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...

  • NAVY | BCNR | CY2002 | 02772-02

    Original file (02772-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. for 14 days and a $20 forfeiture of pay. 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 | 04968-01

    Original file (04968-01.pdf) Auto-classification: Denied

    contentions that you were punished twice for the same offense, thus becoming a victim of double-jeopardy, and that your martial conviction did not warrant an other than honorable Additionally, the Board considered your contention discharge. that your diagnosed schizophrenia was the cause of your periods The Board concluded these factors and contentions were of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2009 | 08496-09

    Original file (08496-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. 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 ali material submitted in support thereof, your late husband's naval record, and applicable statutes,...

  • NAVY | BCNR | CY2002 | 10974-02

    Original file (10974-02.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 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 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 error or injustice.

  • NAVY | BCNR | CY1998 | NC9808805

    Original file (NC9808805.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 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. 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 | CY2004 | 02051-04

    Original file (02051-04.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 1 the Board found that the evidence submitted was insufficient to establish the existence of probable material~or -V injusticeThe Board found that you enlisted in the Navy on 21 June 1957 at age 17. On 18 December 1959, you...

  • NAVY | BCNR | CY2001 | 02044-00

    Original file (02044-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2000. 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. on 9 March 1969, you were On 15 December 1969 you received NJP for a two pay period punishment imposed was restriction for seven days and You were sentenced...