DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TOR
Docket No: 7523-08
12 June 2009
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 15 January 1975 at age i8.
You served for a year and two months without disciplinary
. incident, but during t he period from 30 March to 1 August 1976
“you received nonjudicial punishment (NJP) on three occasions for
“. three periods of absence from your appointed place of duty, anda
‘ene day period of vnauthorized absence (UA). On 24 September
1976 you were convicted by special court-martial (SPCM) of
assault and sentenced to confinement at hard labor for three
months, a $600 forfeiture of pay, and reduction to paygrade E-1.
During the period from 18 April to 18 November 1977 you received
NJP on three more occasions for an 11 day period of UA, two
periods of absence from your appointed place of duty, six periods
of failure to go to your appointed place of duty, and failure to
obey a lawful order.
On 17 November 1977 you were notified of pending administrative
separation by reason of misconduct due to frequent involvement of
a discreditable naturé with military authorities. At that time
you waived your right to consult with legal counsel and to
present your case to an administrative discharge board (ADB). On
29 November 1977 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to frequent involvement of a discreditable nature with military
authorities. On 12 December 1977 the discharge authority
approved the foregoing recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 16 December 1977, 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 desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in six NUPs anda
SPCM. Finally, you were repeatedly advised and warned regarding
deficiencies in your performance and that failure to correct
these deficiencies would result in disciplinary action and
administrative discharge. You were also given an opportunity to
defend yourself at an ADB and possibly obtain a better
characterization of service, but instead you waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
\SDaakthag
W. DEAN PFE
Executive Dixyestor
NAVY | BCNR | CY2007 | 11345-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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 | CY2006 | 08988-06
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 27 December 1974 you enlistedin the Navy at age 19. Nevertheless, the Board concluded that these...
NAVY | BCNR | CY2008 | 06162-08
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. During the period 4 April to 10 August 1978, you were in a UA status, a period of about 128 days. On 15 August 1979, the separation authority approved the recommendation and directed an OTH discharge by reason of misconduct due to frequent discreditable involvement.
NAVY | BCNR | CY2011 | 04042-11
On 11 January 1977 you received NUP for absence from your appointed place of duty and two specifications of failure to obey a lawful order. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation because of the seriousness of your repeated and frequent misconduct which resulted in nine NUJPs, counselling on several occasions for involvement of a discreditable...
NAVY | BCNR | CY2007 | 01905-07
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 9 July 1976, you enlisted in the Navy at age 20. On 1 May 1979, in connection with the...
NAVY | BCNR | CY2007 | 02930-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 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 | CY2006 | 07795-06
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 28 May 1976 you enlisted in the Marine Corps at age 18. During the period from 5 July to 28 July...
NAVY | BCNR | CY2008 | 07560-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 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. 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 | CY2008 | 07443-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Nonetheless, you waived your procedural right to present your case to an ADB. 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 | CY2005 | 03286-05
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, advisory opinion, 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 17 December 1973 at age 17 with parental...