DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08287-08
16 July 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 14 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 1 September 1377 at age 18. On 19 April 1978, you
received nonjudicial punishment (NIP) for wrongful possession of
a concealed weapon (buck knife) and drug paraphernalia. On
8 January 1979, you were convicted by special court-martial
(SPCM) of 26 days of unauthorized absence. On 17 January 1979, |
you were convicted by civil authorities of driving under the
influence of a narcotic drug. You were sentenced to six months
in jail.
On 11 April 1979, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with civilian and military
authorities. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB). The
discharge authority then directed discharge under other than
honorable conditions by reason of misconduct. You were so
discharged on 30 May 1979.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of your NUP, SPCM conviction and conviction by
Civil authorities for serious offenses. The Board also noted
that you waived an ADB, your best chance for retention or a
better characterization of service. 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,
NAVY | BCNR | CY2008 | 10110-08
matertad 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 5 January 1981, you were processed for an administrative discharge under other than honorable (OTH) conditions by reason of misconduct due to civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 04507-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application: on 4 February 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. After you were subsequently released from civil confinement, on 14 January 1982, you were so discharged.
NAVY | BCNR | CY2008 | 05016-08
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. On 14 December 1979 an ADB recommended separation under other than honorable conditions by reason of misconduct due to civil conviction. 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 | CY2009 | 04695-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 2010. 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 03814-07
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. On 3 January 1982 the discharge authority directed discharge under honorable conditions by reason of drug abuse. 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 | 03605-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2009. The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. 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 | CY2009 | 02289-09
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 served without disciplinary incident until 18 August 1980, when you received nonjudicial punishment (NJP) for wrongful possession of marijuana and three periods of failure to go to your appointed place of duty. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2010 | 11683-10
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. However, the record does not reflect the disciplinary action taken, if any, for this misconduct. 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 | CY2002 | 10295-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 24 November 1979 you were notified of pending administrative separation action had been initiated by reason of misconduct due to civil conviction. paygrade E-2, On 30 October However, on 20 board (ADB) recommended...
NAVY | BCNR | CY2008 | 11902-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your - application on 27 October 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...