DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 2343-08
29 May 2009
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 7 April 2009. 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 6 January 1976 at age 18.
The record indicates that you attained a general classification
test score of 59 and had completed 10 years of education. During
the period from 2 May to 17 June 1976, you were an unauthorized
absentee on two occasions totaling about 32 days. However, there
is no disciplinary action in the recérd for these offenses. On
23 Jun and 13 July 1976, you received nonjudicial punishment for
failing to obey stragglers orders and two other instances of
disobedience. Subsequently, you were in an unauthorized absence
status from 9 August to 8 September 1976, a period of about 30
days.
Apparentiy, in order to avoid trial for your offenses, you
contended that your recruiter committed fraud when he arranged
your enlistment and because of this fraud your enlistment should
be voided. On 6 December 1976, Headquarters Marine Corps
directed that your enlistment be voided and that an investigation
be conducted into the allegations of recruiter misconduct. Your
enlistment was voided on 6 December 1976.
On 18 January 1977 the investigation concluded thai there was no
evidence that your recruiter participated in a fraud to effect
your enlistment... Since there is no evicence that the recruiter
committed a fraud in order to affect your enlistment, it appears
that your enlistment should not have been voided. Therefore,
you should have received a court-martial for the 30 days of
unauthorized absence.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, low score on the aptitude test and contention, in
effect, that your recruiter committed fraudulent acts. The Board
found that these factors and contention were not sufficient to
warrant a correction to your record to show that you received a
‘general discharge. The Board believed that you were fortunate to
have received a void enlistment because if you had received a
court-martial for your offense you could have been sentenced to a
bad conduct discharge.
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, t
Ye
%
NAVY | BCNR | CY2009 | 04233-09
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 24 June 2009. 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. 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 | 03442-01
.- 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 | CY2010 | 11463-10
Pursuant to the provisions of reference: (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his record be corrected to show a characterization of his service rather than a void enlistment, and that all of his rights be restored. AS indicated in references (b), (c), and (d), the Navy Judge Advocate General (JAG) has opined that since these individuals were members of the armed forces for all other purposes, they should have been...
NAVY | BCNR | CY2007 | 05237-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple lengthy...
NAVY | BCNR | CY2007 | 08333-07
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.You enlisted in the Marine Corps on 26 March 1976 at age 18. On 5 May 1978 you began a period of...
NAVY | BCNR | CY2002 | 07027-00
You were discharged on 12 May 1978. found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for the offenses. There is no evidence in the record, and showing that alcohol abuse was a factor Further, the Board concluded that you received the The Board is-also aware that regulations state The Board believed that considerable clemency was The Accordingly, your...
NAVY | BCNR | CY2006 | 07844-06
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 17 October 1973 at age 17. On 31 July 1974, you received...
NAVY | BCNR | CY2002 | 00870-01
870-01 24 January 2002 Dear Mr.- 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, 16 January 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 3...
NAVY | BCNR | CY2001 | 06415-99
Documentary material considered by the Board consisted of together with all material submitted in support Your allegations of error and 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. not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a...
NAVY | BCNR | CY2006 | 06341-06
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 13 February 1974 at age 17. On 10 May 1976, you were issued a...