Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 10507-07
Original file (10507-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 RDZ : ecb
 Docket No. 10507-07
26 March 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 25 March 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.
You enlisted in the Marine Corps on 28 May 1991 at age 17. On 16 April 1993, pursuant to your pleas of guilty you were convicted by special court-martial of failure to go your appointed place of duty, disobedience of a non-commissioned officer’s order, theft of property belonging to the Army and Air Force Exchange valued at $91.95, threatening a non-commissioned officer, theft of a television set and video cartridges and games belonging to another Marine valued at $100.00 and unlawfully entering a barracks with the intent to commit larceny. You were sentenced to a bad conduct discharge (BCD) and 120 days of confinement which was later reduced to 30 days of confinement. You received your BCD on 18 October 1994.





Prior to the offenses for which you were awarded a BCD you received three non-judicial punishments for unauthorized absence, two instances of disobedience of orders and wrongful appropriation of another Marine’s personal clothing.
In its review of your application the Board considered all potentially mitigating factors including your youth at enlistment and your remorse for having committed these crimes. Nevertheless these factors cannot overcome the serious and repetitious nature of the offenses that resulted in your receiving a BCD as well as your prior disciplinary record of three non-judicial punishments.
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 | CY2008 | 01228-08

    Original file (01228-08.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O~5 100 RDZ : ecbDocket No. 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...

  • NAVY | BCNR | CY2011 | 03331-11

    Original file (03331-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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 offenses were two specifications of disobedience, failure to obey a lawful order, two periods of UA totalling two days, assault, and two...

  • NAVY | BCNR | CY2007 | 09236-07

    Original file (09236-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct and discharge were the result of you being under the influence of alcohol, and that you were not offered treatment for your alcohol abuse. Consequently, when applying for a...

  • NAVY | BCNR | CY2010 | 01418-10

    Original file (01418-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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. On 25 June 1982 you began a period of UA that was not terminated until you were apprehended by civil authorities.

  • NAVY | BCNR | CY2013 | NR3484-13

    Original file (NR3484-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your “application on 18 March 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. | | The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to...

  • NAVY | BCNR | CY2002 | 06039-01

    Original file (06039-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. convicted by SPCM of the four specifications of disobedience and sentenced to confinement at hard labor for 75 days, a $744 forfeiture of pay, reduction to discharge (BCD). 1978 you were convicted by SPCM of two periods...

  • NAVY | BCNR | CY2007 | 03227-07

    Original file (03227-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2008. You received the bad conduct discharge on 22 January 1985. 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 | 02786-02

    Original file (02786-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2002. 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. You were sentenced to extra duty for three months and a bad conduct you were convicted by SCM of theft of .45 caliber pistol valued at The BCD was suspended for 12...

  • USMC | DRB | 2011_Marine | MD1100173

    Original file (MD1100173.rtf) Auto-classification: Denied

    Court of Appeals Review - Decision dated 30 October 2006; the finding as to the Additional Charge I and its sole specification (Article 80 - Attempts) is set aside. After a thorough review of the Applicant’s record and the issues as submitted, the NDRB determined that clemency was not warranted and that the sentence awarded the Applicant at her court-martial was appropriate.Accordingly, clemency, as requested, is denied. ” Additional Reviews : After a document review has been conducted,...

  • NAVY | BCNR | CY2013 | NR3154-13

    Original file (NR3154-13.pdf) Auto-classification: Denied

    session, considered ‘your application on 19 February 2014. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which included theft from a fellow Marine and resulted in two NJPs and two SPCMs. 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.