Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 03464-07
Original file (03464-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100
                          

                  SJN
                                                                        Docket No: 03464-07
                                                                        26 December 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—me mb er panel of the Board for Correction of Naval Records, sitting in executive session, Considered your application on 12 December 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 27 September 1979 at age 18. During the period from 22 May 1980 to 22 December 1981 you received two nonjudicial punishments (NJPs) for three periods of unauthorized absences (UA) totaling six days, failure to go to your appointed place of duty, and disobedience. You also were convicted by special court-martial (SPCM) of a 147-day period of UA and missing movement. On 5 January 1982, you were convicted by summary court-martial (SCM) of possession of drug paraphernalia, breaking restriction, and allowing alcohol and marijuana at your post.
Based on the information currently contained in your record it appears it you were processed for administrative separation by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. it also appears that when notified of this action, you waived the right to present your case to an administrative discharge board (ADB) . On 11 March 1982 you were discharged under other than honorable condition .




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 any change in your discharge because of your misconduct that resulted in two NJP’s, and convictions by SPCM and SCM for very serious offenses. The Board also noted that it appears you waived your right to an ADB, your best chance for retention or a better characterization of service. 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,



W. DEAN PFEIFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 08482-07

    Original file (08482-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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 | CY2006 | 08109-06

    Original file (08109-06.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 Navy on 22 May 1980 at age 18. on 11 June and 10 December 1981 you received...

  • NAVY | BCNR | CY2007 | 03814-07

    Original file (03814-07.pdf) 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. On 3 January 1982 the discharge authority directed discharge under honorable conditions by reason of drug abuse. 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 | CY2013 | NR7243 13

    Original file (NR7243 13.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 August 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 probable...

  • NAVY | BCNR | CY2012 | 00207 12

    Original file (00207 12.pdf) 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. On 9 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | 07972-07

    Original file (07972-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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...

  • NAVY | BCNR | CY2006 | 09598-06

    Original file (09598-06.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.On 25 July 1985 you enlisted in the Navy at age 18 and served without incident for more than 18...

  • NAVY | BCNR | CY2009 | 08842-09

    Original file (08842-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 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 polieles. 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 | CY2006 | 09667-06

    Original file (09667-06.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.On 27 August 1979 you enlisted in the Marine Corps at age 17 with parental consent. On 18 August 1981...

  • NAVY | BCNR | CY2009 | 01784-09

    Original file (01784-09.pdf) 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. On 14 May 1983 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of misconduct, and on 27 May 1983, you were so discharged. Consequently, when applying for a correction.of an official...