DEPARTMENT OF THE NAVY
BOARD-FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 9496-08
20 August 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 18 August 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
-acecordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary
Taterial 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 21 February 1968 at age 17
and began a period of active duty on 28 February 1968. On 10
December 1969 you underwent a psychiatric evaluation which you
requested because you could no longer take being in the service
due to the many things you saw while serving in the Republic of
Vietnam that kept you awake at night. Shortly thereafter, on 16
December 1969, you received nonjudicial punishment (NJP) for a
one day period of unauthorized absence (UA).
During the period from 5 January to 29 April 1970 you received
three more NUJPs for failure to go to your appointed place of |
duty, three specifications of breaking restriction, and absence
from your appointed place of duty. You were also convicted on
two occasions by summary courts-martial (SCM) of using provoking
speech, breaking restriction, absence from your appointed place
of duty, and two periods of UA totalling 10 days.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. On 15 June 1970,
after consulting with legal counsel, you waived your right to
present your case to an administrative discharge board (ADB). On
16 July 1970 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 as evidenced by four NUPs and two SCMs. On 20 July
4970 the discharge authority approved this recommendation and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 27 July 1970,
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, combat history, post service conduct, 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 four NJPs and two court-martial
convictions. Further, you were given an opportunity to defend
yourself and possibly obtain a better characterization of
service, but 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,
¥
Executive Di
NAVY | BCNR | CY2010 | 02638-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 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. Further, Marines with an extensive record of misconduct, such as yours, who are discharged by reason of unfitness normally receive discharges...
NAVY | BCNR | CY2001 | 02044-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2000. 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. on 9 March 1969, you were On 15 December 1969 you received NJP for a two pay period punishment imposed was restriction for seven days and You were sentenced...
NAVY | BCNR | CY2010 | 10254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 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. 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 | 04037-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 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. The Board further considered your previous applications with this Board in March 2000 and the Naval Discharge Review Board in December 1984.
NAVY | BCNR | CY2006 | 04904-06
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.You enlisted in the Navy on 22 March 1966 at age 19. Although no disciplinary action was taken for...
NAVY | BCNR | CY2001 | 01849-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, on 20 December 1971, you were Your record further reflects that during the period from 12 January to September 1972 you received NJP on two occasions and were convicted twice by SCM. However, the record does...
NAVY | BCNR | CY2010 | 11280-10
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. On 3 May 19971 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of unfitness due to drug abuse, and on 18 May 1971, you were so discharged. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 11339-07
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 15 November 1968 you were convicted by special court-martial (SPCM) of three periods of UA totalling 64 days and sentenced to confinement at hard labor for three months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2001 | 02231-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 September 2000. 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 and applicable statutes, regulations, thereof, your naval record, and policies. Given all the...
NAVY | BCNR | CY2007 | 08139-07
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...