DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09263-08
8 April 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 1 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 13 April 1971. Between
September 1971 and February 1973 you received five nonjudicial
punishments (NJP) and one special court-martial. Your offenses
were willful disobedience of a lawful order of a sergeant,
failure to obey an order on two occasions, a seven day period of
unauthorized absence (UA), 16 days of UA, three days of UA and
aiding and abetting another Marine who illegally possessed and
wrongfully discharged a firearm in the barracks. On 22 March
1973 you were convicted by a special court-martial of 7 days of
UA, disobedience of a lawful order and stealing $31 from another
Marine. You were sentenced to confinement at hard labor for
four months, forfeiture of pay and a bad conduct discharge
(BCD). However, in an effort to give you one more opportunity
to complete your enlistment in an honorable manner the BCD was
suspended and you were placed on probation. Unfortunately after
being released from confinement you received three additional
NUPs for disobedience of orders, absence from appointed place of
duty and failure to obey a lawful order. As a result of these
offenses which were violations of your probation you received a
BCD on 10 April 1974.
In its review of your application the Board concluded that in
view of your repeated acts of misconduct, some of which were
indeed serious, as well as your repeated violations of probation
your BCD 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 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,
\g'
W. DEAN PF
Executive Dir
Enclosure
NAVY | BCNR | CY2008 | 04444-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2009. In its review of your application the Board concluded that in view of your repeated and serious acts of misconduct as well as your violation of probation your BCD was properly issued and should not be changed now as a matter of clemency. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2011 | 12499 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2012. 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 | CY2002 | 05407-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. review, you were so discharged on 15 September 1976. 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...
NAVY | BCNR | CY2008 | 06516-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 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. On 27 January 1975, you waived the right to request restoration to duty and requested execution of the BCD.
NAVY | BCNR | CY2010 | 10982-10
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. 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. As a result, on 27 January 1971, you submitted a written request for an other than honorable...
NAVY | BCNR | CY2008 | 00456-08
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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 10683-07
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 | CY2002 | 03590-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. The punishment imposed was The BCD was subsequently approved at all levels of review and the discharge authority ordered its execution. Consequently, when...
NAVY | BCNR | CY2007 | 10683-07
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 19 January 1966, you enlisted in the Marine Corps at age 20. On 19 July 1966, you began an...
NAVY | BCNR | CY2011 | 13157 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2012. 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 Board concluded that these factors were not sufficient to warrant recharacterization of your discharge because of your serious...