Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 07567-08
Original file (07567-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TIR
Docket No: 7567-08
12 June 2009

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title (16, 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 10 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 ail
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 wae insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Marine Corps on 30 December 1958 at age 17
and served without disciplinary incident until 10 October 1959,
when you received nonjudicial punishment (NUP) for disobedience.

During the period from 5 January to 7 October 1960 you were
convicted by special court-martial (SPCM) on two occasions and
received NJP. Your offenses were disobedience, disrespect,
absence from your appointed place of duty, drunkenness, and drunk
and disorderly conduct.

On 18 May 1961 you received NIP for a one day period of
unauthorized absence (UA). In August 1961, after undergoing
psychiatric evaluations, you were diagnosed with a character and
behavior disorder and recommended for an administrative
discharge. On 18 September 1961 you were convicted by SPCM of
two periods of UA totalling 24 days. You were sentenced to

 

ae
confinement at hard labor for six months, a $420 forfeiture of
pay, and a bad conduct discharge (BCD). The BCD and a portion of
the confinement at hard labor were suspended for six months.

On 9 October 1961 you were notified of pending administrative
separation action by reason of convenience of the government due
to unsuitability as evidenced by your diagnosed character and
behavior disorder, and repeated disciplinary infractions. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended discharge by
reason of unsuitability due to disciplinary infractions and the
diagnosed character and behavior disorder. The discharge
authority approved this recommendation and directed discharge
under honorable conditions, and on 4 December 1961 you were
issued a general discharge.

Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct average was 2.6. An
average of 4.0 in conduct was required at the time of your
discharge for a fully honorable characterization of service.

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 the characterization of your
general discharge. It also considered your assertion that your
disciplinary problems were the result of unrecognized alcoholism.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your general
discharge because of the seriousness of your misconduct, your
diagnosed character and behavior disorder, and since your conduct
average was insufficiently high to warrant an honorable
discharge. In regards to your assertion of alcoholism, alcohol
abuse is not an excuse for misconduct. Furthermore, disciplinary
action and an administrative separation are appropriate for
alcohol related offenses. The Board noted that you were given an
opportunity to possibly receive a better characterization of
service, but waived your procedural right to present your case to
an ADB. Finally, the Board concluded that you were fortunate to
have received a general discharge. 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,

W. BEAN DPE
Executive Dir

Similar Decisions

  • NAVY | BCNR | CY2007 | 08134-07

    Original file (08134-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. On 1 August 1962 you were issued a general discharge.

  • NAVY | BCNR | CY2008 | 06514-08

    Original file (06514-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your general discharge because of your...

  • NAVY | BCNR | CY2002 | 06282-00

    Original file (06282-00.pdf) Auto-classification: Denied

    You continued to serve in the Marine Corps and whea you You were honorably discharged on During this period you Individuals discharged for unsuitability received the type of Character of service discharge warranted by the service record. The Board also noted your In its review of your application the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, subsequent honorable service in Vietnam in which you were twice wounded in combat, and your...

  • NAVY | BCNR | CY2006 | 05469-06

    Original file (05469-06.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 Navy on 19 September 1974 at age 18. Subsequently, the discharge authority...

  • NAVY | BCNR | CY2007 | 11227-07

    Original file (11227-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and...

  • NAVY | BCNR | CY2009 | 01122-09

    Original file (01122-09.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. You were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2002 | 03349-02

    Original file (03349-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. At that time you denied suicidal ideation On 19 February 1982, after undergoing a You were sentenced to a $900 forfeiture paygrade E-l. On 12 April 1982 you...

  • NAVY | BCNR | CY2010 | 07585-10

    Original file (07585-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 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 polic.es.. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2002 | 08125-01

    Original file (08125-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...

  • NAVY | BCNR | CY2013 | NR519 13

    Original file (NR519 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your lengthy...