DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10965-07
26 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 27 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, 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 9
September 1966. You received five nonjudicial punishments and
were convicted by a summary court-martial and two special courts-
martial. Your offenses included unauthorized absences, failure
to obey a lawful order, use of provoking words, theft of two
cases of combat rations, assault on a village chief, and sleeping
on post. You were punished for offenses you committed before,
during and after your service in Vietnam.
Upon being notified that you were being processed for
administrative separation by reason of unfitness, you waived your
rights to counsel and to appear before an administrative
discharge board. On 7 August 1969 your commanding officer
recommended that you be separated from the Marine Corps by reason
of unfitness due to frequent involvement of a discreditable
nature with military authorities, with an undesirable discharge.
After review by the discharge authority, the recommendation for
separation was approved and on 2 October 1969 you were discharged
with an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and service in
Vietnam. The Board found those factors were insufficient to
warrant the upgrade of your discharge given your extensive
disciplinary record. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 1s 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,
Lae
W. DEAN PFE F
Executive Dil r
NAVY | BCNR | CY2007 | 00144-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 January 2008. On 20 December 1973 you received a fifth nonjudicial punishment, for absence from appointed place of duty. 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 | CY2003 | 01759-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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. discharge board recommended that you be with an undesirable discharge. You During the period 15 June 1970 oeriods of unauthorized absence totaling the movement of...
NAVY | BCNR | CY2007 | 02088-07
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 26 September 1967. After review by the...
NAVY | BCNR | CY2009 | 06325-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. The recommendation was approved by the separation authority, and you were separated with an undesirable discharge on 13 October 1970. : On 31 March 1978 the Naval Discharge Review Board (NDRB) upgraded your discharge to general under the Special Discharge Review Program; however, on 20 June 1978 NDRB declined to affirm the upgrade under its uniform...
NAVY | BCNR | CY2008 | 01939-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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 probable...
NAVY | BCNR | CY2001 | 00279-99
Subsequently, you served in Vietnam from 13 March During this period, on 16 May 1968, you During the next 11 months you received Your offenses were The court sentenced you to reduction to pay grade E-l, On 29 September 1969 you were convicted by a special martial of two periods of unauthorized absence totaling about 124 days. found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple The Board noted and lengthy periods of...
NAVY | BCNR | CY2000 | 08348-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 May 2001. 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 | 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 | CY1999 | 01099-99
A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 20 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband's naval record, and applicable statutes, regulations, and policies. On 23 April 1969 the commanding officer recommended your husband be issued an undesirable discharge by reason of unfitness.
NAVY | BCNR | CY2007 | 07393-07
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband’s naval record and applicable statutes, regulations and policies. The Board concluded that those factors are insufficient to warrant recharacterization of his service, given the circumstances of his discharge, his extensive prior disciplinary record, and his admitted use of illegal drugs. Consequently, when applying for a correction of an...