DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10115-07
10 July 2008
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 9 July 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, togéther 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 7 December 1979, you enlisted in the Marine Corps at age
17 with parental consent. On 12 February 1981, you had
nonjudicial punishment for breaking restriction, four instances
of unauthorized absence (UA), and sleeping on post. On
18 February 1981, you were convicted by a summary court-martial
for two instances of failure to go to your appointed place of
duty, a day of UA, and disobedience of a lawful order. On
6 July 1981, you began a UA that ended on 31 October 1981, a
period of about 117 days. You subsequently requested an other
than honorable discharge for the good of the service to avoid
trial by court-martial for this offense. However, the
separation authority disapproved your request. On
10 December 1981, you were convicted by a special court-martial
of the 117 day period of UA. The sentence included
confinement, forfeitures of pay, and a bad conduct discharge
(BCD). On 22 April 1982, your request for clemency was denied.
After the BCD was approved at all levels of review, on
9 December 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential Mitigation, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
EAN PF
Executive Dir
NAVY | BCNR | CY2007 | 07454-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 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 existence...
NAVY | BCNR | CY2007 | 11111-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 05297-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. On 29 July 1981, you were again convicted by SPCM of the forgoing period of UA and sentenced to 90 days confinement, forfeiture of pay and a bad conduct discharge (BCD). 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 | 10172-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 July 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). ...
NAVY | BCNR | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2008 | 00152-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2004 | 01317-04
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 materialThe Board found that you enlisted in the Naval Reserve on 26 June 1976, and commenced 36 months of active duty on 30...
NAVY | BCNR | CY2014 | NR5149 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2015. 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 | CY2008 | 09185-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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. On 10 May 1982, you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty, two periods of...
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...