Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 06545-08
Original file (06545-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100

 

RDZ:ech
Docket No. 06545-08
29 October 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 27 October 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 30 January 1964 for a term
of four years. Between May of 1965 and December of 1966 you
received one nonjudicial punishment and were convicted by one
special court-martial and two summary court-martials. Your
offenses were four periods of unauthorized absence (UA) totaling
27 days, breaking straggler’s orders and sleeping on post. On 9
February 1967 you received a second special court-martial for 28
days of UA and breaking straggler’s orders. Your punishment for
these last offenses included four months of confinement at hard
labor and a bad conduct discharge (BCD). On 24 April 1967 you
waived restoration to duty. and requested that BCD be issued.

In view of the frequency and almost continuous nature of your
offenses as well as the length of several of your UA‘'s and your
waiver of restoration to duty the Board concluded that your
discharge was properly issued and should not be changed now as a
matter of clemency.

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 camnot 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,

\Qoek
W. DEAN PFERE
Executive Dit .

Similar Decisions

  • NAVY | BCNR | CY2007 | 10683-07

    Original file (10683-07.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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 19 January 1966, you enlisted in the Marine Corps at age 20. On 19 July 1966, you began an...

  • NAVY | BCNR | CY2007 | 10683-07

    Original file (10683-07.pdf) Auto-classification: Denied

    On 30 June 1967, while on ‘probation, you began a UA that ended about 187 days later when you surrendered. On 9 February 1968, the suspended sentence was vacated and the BCD was ordered executed. On 16 February 1968, you were discharged with a BCD.

  • NAVY | BCNR | CY2007 | 08139-07

    Original file (08139-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your — application on 8 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...

  • NAVY | BCNR | CY2009 | 00989-09

    Original file (00989-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2009. You received confinement and a forfeiture of pay. 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 | CY2010 | 05407-10

    Original file (05407-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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 February 1964, you received NUP for UA from your unit.

  • NAVY | BCNR | CY2014 | NR818 14

    Original file (NR818 14.pdf) Auto-classification: Denied

    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, requlations, 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. Consequently, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2009 | 01398-09

    Original file (01398-09.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, his naval record, and applicable statutes, regulations, and policies. However, the convening authority suspended your BCD for a period of 12 months. 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 | CY2007 | 07748-07

    Original file (07748-07.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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You reenlisted in the Navy on 10 November 1967 after four years of prior honorable service. Shortly...

  • NAVY | BCNR | CY1999 | 00242-99

    Original file (00242-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 1999. 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. A fourth special...

  • NAVY | BCNR | CY2007 | 05887-07

    Original file (05887-07.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 23 February 1966. You received four...