DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3227-07
1 May 2008
This is in reference to your request for further consideration of
your application for correction of your naval record pursuant to
the provisions of title 10 of the United States Code section
L552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 April 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 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 19
January 1981. During the period of your service from 19 January
1981 to 22 January 1985, you received five nonjudicial
punishments. The offenses included unauthorized absences
totaling 12 days, disrespect, disobedience of a lawful order, and
sleeping on post.
A special court-martial convened on 14 March 1984 and found you
guilty of an unauthorized absence of a day, disrespect, escaping
from confinement, leaving place of duty without being properly
relieved, and theft. The court sentenced you to confinement at
hard labor for five months, forfeitures of $100 per month for
five months, and a bad conduct discharge. You received the bad
conduct discharge on 22 January 1985.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, good post
service conduct, and the contention that your undiagnosed mental
condition caused your misconduct. The Board concluded that those
factors were insufficient to warrant recharacterization of your
discharge, given the nature and severity of your offenses.
Further, there is no credible evidence to show that you suffered
from a mental condition while in the Marine Corps. In addition,
even if you had symptoms of a mental condition during your period
of active duty, there is no indication that you did not know
right from wrong or were unable to adhere to the right.
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,
Rawk, Zs
ROBERT ยป fon
Acting Executive Director
1
NAVY | BCNR | CY2007 | 03716-07
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, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, desire to upgrade your discharge, and the passage of time. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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 case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
NAVY | BCNR | CY2008 | 00690-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. The BCD was subsequently suspended for six months. 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 | CY2008 | 06250-08
A three-member panel of the Board for Correction of Naval Records, sitting iri executive session, considered your application on 23 April 2009. It noted that you did not report symptoms of a mental disorder when you applied for reenlistment in 1985, or during your pre-separation physical examination in 1989. 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 | CY2007 | 05237-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple lengthy...
NAVY | BCNR | CY2007 | 01645-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures appli Board. Your request for discharge was approved, and you were separated from the Marine Corps with a discharge under other than honorable conditions on 28 March 1985, The Board carefully weighed all potentially mitigating factors...
NAVY | BCNR | CY2007 | 00157-07
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 16 October 1985. You were discharged with...
NAVY | BCNR | CY2006 | 08097-06
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. The Board was aware that alcohol abuse is not an excuse for misconduct and disciplinary action is appropriate following alcohol related misconduct. 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 | 05965-07
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 29 November 1973. The suspension of the...
NAVY | BCNR | CY2007 | 08366-07
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 25 February 1981 at age 17. On 5 January 1984 you began a...