DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 10911-07
29 September 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 23 September 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 Navy on 29 February 1968 at age 17.
Subsequently, you were an unauthorized absentee beginning on 2
January 1969. On 24 February 1969, you were convicted in
juvenile court of two counts of theft of automobiles and handguns
from a private residence. The record shows that you returned to
the Navy on 30 June 1969 but the next day you were being held by
civil authorities.
Based on the foregoing record, you were processed for an
administrative discharge. It states in the recommendation for
discharge that you were then currently confined by civil
authorities. After review, the separation authority directed
discharge under other than honorable conditions and you were so
discharged on 13 October 1969.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and your
contention that you were told that the discharge would be
automatically upgraded after a period of six months. The Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge given your
conviction by civil authorities which resulted in a lengthy
period of absence from the Marine Corps. There is no provision
in the law or regulations which would allow for
recharacterization of a discharge based solely on the passage of
a period of time. 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,
W. DEAN PB
Executive Di or
NAVY | BCNR | CY2007 | 09234-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 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...
NAVY | BCNR | CY2007 | 08444.07
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. However, after two failures to appear in court, you were convicted of DUI on 14 June 1972. On 20 June 1972, you received NUP for 27 days of UA.
NAVY | BCNR | CY2007 | 08444-07
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. However, after two failures to appear in court, you were convicted of DUI on 14 June 1972. On 20 June 1972, you received NUP for 27 days of UA.
NAVY | BCNR | CY2007 | 03944-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. You elected to waive the rights to have your case heard by a board of officers.
NAVY | BCNR | CY2007 | 06363-07
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 15 November 1968. Your request was...
NAVY | BCNR | CY2009 | 04231-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 02562-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 22 June 1973 the commanding officer recommended that he be The record reflects that on 14 July 1969 he On 4 February 1970 he was evacuated On 21 September 1972 he was The court sentenced him to five years separated with...
NAVY | BCNR | CY2007 | 11339-07
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. On 15 November 1968 you were convicted by special court-martial (SPCM) of three periods of UA totalling 64 days and sentenced to confinement at hard labor for three months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2001 | 03787-01
Thereafter, the discharge authority approved the request and directed an undesirable discharge and you were so discharged on 26 February 1970. Board concluded that the foregoing factors were insufficient to warrant recharacterization of your discharge given your record of three NJPs, convictions by a summary and a special court-martial, and the fact that you accepted discharge rather than face trial by court-martial for a 31-day period of UA. Consequently, when applying for a correction of...
NAVY | BCNR | CY2010 | 01433-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive...