‘ DEPARTMENT OF THE NAVY
. BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 0260-069
20 October 2009
a eh = ae of et
ST eT
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 16 October 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 on 4 October 1978, and served -
without disciplinary incident until 22 March 1979, when you
received nonjudicial punishment (NUP) for unauthorized absence
(UA) . ,
Shortly thereafter, you were convicted at a special court-martial
for larceny. Additionally, you received the following NUP’s: on
29 November 1979, for UA; on 3 January 1980, for UA; on 20 March \
1980, for UA in excess of seven days; on 31 December 1980, for ‘
disobeying a lawful order by breaking restriction; on 3 February ‘
1981, for failure to obey an order by not getting a haircut; and
on 15 August 1981, for failure to obey a lawful order and UA.
You were recommended for administrative separation due to a
pattern of misconduct, and you exercised your right to request an
administrative discharge board (ADB). The ADB voted to
administratively separate you for misconduct with an other than
honorable (OTH) discharge. The separation authority approved the
"recommendation and on 25 November 1981, you were separated for
misconduct with an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization due to the seriousness of your misconduct.
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,
\das
Executive Dy or
NAVY | BCNR | CY2010 | 03805-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011.° 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,...
NAVY | BCNR | CY2010 | 04332-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011. 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. 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 | CY2011 | 03535-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 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. On 4 November 1981, you were discharged and received an OTH characterization of service by reason of misconduct.
NAVY | BCNR | CY2008 | 09317-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2009. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. 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 | 03156-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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 initially enlisted in the Air Force from July 1972 to April 1974, and received an honorable discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 02963-09
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 waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (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...
NAVY | BCNR | CY2008 | 03403-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 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 that these factors and contentions were not sufficient to warrant recharacterization of your discharge due to the...
NAVY | BCNR | CY2011 | 11864 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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...
NAVY | BCNR | CY2010 | 04382-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the preceedings 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,...
NAVY | BCNR | CY2011 | 00210-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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...