DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket
No: 01918-08
24 November 2008
This is in reference to your application for corred
naval record pursuant to the provisions of Title 10
States Code, Section 1552.
A three-member panel of the Board for Correction of
GLOn, of your
United
i
Naval
Records, sitting in executive session, considered your
application on 20 November 2008. Your allegations
injustice were reviewed in accordance with administ
regulations and procedures applicable to the procee
Board. Documentary material considered by the Boar
your application, together with all material submit
thereof, your naval record, and applicable statutes
and policies.
After careful and conscientious consideration of th
record, the Board found the evidence submitted was
to establish the existence of probable material err
injustice.
You enlisted in the Marine Corps on 1 October 1969,
without disciplinary incident until 28 January 1971
received a nonjudicial punishment (NJP) for failure
lawful order.
Shortly thereafter, you received the following NUP’
1971, for wrongful appropriation of a motorcycle, o
1971, for assault, on 21 July 1971, unauthorized ab
and on 3 September 1971, for failure to go to your
place of duty and willful disobedience.
On 8 December 1971, through counsel, you requested
honorable (OTH) discharge for the good of the servi
a trial by court-martial. However, on 10 January 19
request was denied, and on 11 January 1972, you wer
of error and
rative
dings of this
d consisted of
ted in support
regulations,
f
e entire
insufficient
or or
and served
when you
to obey a
f
S: on 26 May
n 18 June
sence (UA),
appointed
an other than
ce, in lieu of
72, your
e convicted at
willfully damaging government property, and disrespect toward a
commissioned officer. In addition, on 27 April 1972, you were
convicted at another SPCM for striking a superior noncommissioned
officer.
a special court-martial (SPCM) for UA, missing respec movement,
On 27 April 1972, you were recommended for administrative
separation by reason of unfitness for military service, based on
your frequent involvement of a discreditable nature with military
authorities. You were afforded your right to consult with legal
counsel. On 8 June 1972, the separation authority |approved this
request and directed an OTH discharge and an RE-4 reenlistment
code, and on 15 June 1972, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and your letters of recommendation. Nevertheless, the
Board concluded these factors were not sufficient tl warrant
recharacterization of your discharge because of the seriousness
of your misconduct. 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 pfficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\s
W. DEAN PFE
Executive Dil x
NAVY | BCNR | CY2007 | 07775-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2008. 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 material error or injustice.
NAVY | BCNR | CY2011 | 04060-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 $. considered your: application on 12 January 2012. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in one NUP, a SCM, a 112 day period of UA and request for discharge.
NAVY | BCNR | CY2011 | 04823-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 04059-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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. On 4 December 1973, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for two...
NAVY | BCNR | CY2009 | 11430-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2010. Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 4 April 1972, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for a...
NAVY | BCNR | CY2009 | 01298-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. , 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 of injustice. Your request for discharge was granted and on 19 December 1972, you received an other than honorable discharge for the good of the service in lieu of trial...
NAVY | BCNR | CY2010 | 02529-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2010. You submitted a request for a good of the service discharge to avoid trial by court-martial for the period of UA. Your request for discharge was granted and on 27 February 1975, you received an OTH discharge for the good of the service in lieu of trial by court-martial.
NAVY | BCNR | CY2011 | 00083-11
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 23 March 1972, you received NUP for being UA for four days. 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 | CY2008 | 08694-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval health record, 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...
NAVY | BCNR | CY2011 | 03482-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...