DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 09719-09
9 November 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. , co
A three-member panel of the Board for Correction of Naval
Records, sitting in executive..session, considered your. eee 4G
application on 28 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 and began a period of active
Guty.on 28 July .1972. at age 18. On 3 dune 1973, you received
~“nonjudicial punishment (NUP) for a three day period of .
unauthorized absence (UA) and failure to obey a lawful order...
On 7 June 1973, you received NUP for breaking restriction.
On 13 December 1973, you were. convicted by special court-martial
(SPCM) of a 64 day period of UA and breaking restriction. On
12 June 1974, you were convicted by SPCM of a 59 day period of UA.
and sentenced to 105 days of confinement, forfeiture of pay, and
a bad conduct discharge (BCD). You received the BCD after |
appellate review was complete. De
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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUP’s and two SPCM convictions. Accordingly,
/ your application has been denied. The names and votes of the
Members of the panel will be furnished upon requeut.
The Board also noted that you should contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs, Separation and Retirement Section (MMSR-3), 3280
Russell Road, Quantico, Virginia 22134-5103 to request that
administrative corrections to your social security number and the
date you entered active duty be made on your DD Form 214.
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 | CY2009 | 02100-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2009. Documentary material considered by the Board consisted of your application, together with all materiai 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...
NAVY | BCNR | CY2008 | 04499-08
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. 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 | CY2008 | 08107-08
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 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 | CY2012 | 01648-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013.
NAVY | BCNR | CY2010 | 09065-10
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 28 February 1974, you received NUP for a seven day UA period. 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 | CY2010 | 03451-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 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 | 02408-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct...
NAVY | BCNR | CY2009 | 00989-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2009. You received confinement and a forfeiture of pay. 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 | 12222-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _ application on 4 November 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. Therefore, on 17 July 1930, you were separated from the naval service with a BCD and an RE-4 reenlistment code due to your conviction at the SPCM.
NAVY | BCNR | CY2008 | 09370-08
A three-member panel of the Board for Correction of Naval Records, sitting:in executive session, considered your — application on 13 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. entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.