Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 01852-08
Original file (01852-08.rtf) Auto-classification: Denied
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100

CRS
 Docket No: 1852-08
 3 April 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 sect4on 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 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 25 October 1974. You received five nonjudicial punishments, for offenses that included unauthorized absence, absence from appointed place of duty, disobedience of a lawful order, willful disobedience of a lawful order, disrespect, and drunk and disorderly conduct.
On 6 April 1976 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for the offenses of disrespect to an officer, wrongful possession of a knife, assault on a corporal with a knife, carrying a concealed weapon, and drunk and disorderly conduct. Prior to submitting this request you conferred with a qualified military lawyer who advised you of your rights and warned of the probable adverse consequences of receiving an undesirable discharge. Your request was approved by the discharge authority, and you received an undesirable discharge on 4 May 1976.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contentions that you had posttraumatjc stress disorder (PTSD) as a result of being
 sexually abused prior to enlisting. The Board concluded that your service was properly characterized as under other than honorable conditions given your extensive record of misconduct and the serious nature of the offenses which resulted in your discharge in lieu of trial. The Board was not persuaded that you suffered from PTSD while in the Marine Corps or that you did not know right from wrong and were unable to adhere to the right. In addition, the Board believes that considerable clemency was extended to you when your request for discharge was granted, and you should not be permitted to change it now.
         In view of the foregoing, 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





















2

Similar Decisions

  • NAVY | BCNR | CY2005 | 06434-05

    Original file (06434-05.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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 were discharged on 11 June 1976.

  • NAVY | BCNR | CY2007 | 09495-07

    Original file (09495-07.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 1 March 1974 at age 17. Further, the Board concluded that you...

  • NAVY | BCNR | CY2007 | 05965-07

    Original file (05965-07.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 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 29 November 1973. The suspension of the...

  • NAVY | BCNR | CY2004 | 09154-04

    Original file (09154-04.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 Marine Corps on 13 July 1970 at age 17 and served for a year without disciplinary...

  • NAVY | BCNR | CY2008 | 08294-08

    Original file (08294-08.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. Your request for discharge was granted and on 11 June 1976, you received an other than honorable discharge for the good of the service in lieu of trial by court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2007 | 06855-07

    Original file (06855-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence...

  • NAVY | BCNR | CY2001 | 03442-01

    Original file (03442-01.pdf) Auto-classification: Denied

    .- This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 3 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 19 December 1975 you waived the...

  • NAVY | BCNR | CY2008 | 00456-08

    Original file (00456-08.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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2007 | 01973-07

    Original file (01973-07.pdf) Auto-classification: Denied

    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. After review by the discharge authority, the recommendation for separation was approved and on 4 April 1967 he received an undesirable discharge. 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 | CY2009 | 00786-09

    Original file (00786-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...