DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVY ANNEX __
WASHINGTON DC 20370-5100
BAN
Docket No: 1861-09
7. December 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 2 December 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 31 July 1980, and served
without disciplinary incident until 19 January 1981, when you
received nonjudicial punishment (NUP) for possession of a
controlled substance (marijuana). Shortly thereafter, you
received the following disciplinary actions: on 26 August 1981,
you received an NUP for unauthorized absence; on 4 October 1981,
you received NIP for being absent from your appointed place of
duty; on 7 July 1982, you were convicted at a summary court-
martial; and on 8 October 1982, you were convicted at a special
court-martial (SPCM) for two specifications of destruction of
personal property. Your sentence at the SPCM included a bad
conduct discharge (BCD). After appellate review, on 30 March
1984, you were separated from the naval service with a BCD 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 belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Finally, there is no provision of law or in Navy regulations that
allows for recharacterization of service due solely to the
passage of time. 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,
Ly Wand |
W. DEAN R
Executive chor
NAVY | BCNR | CY2008 | 05252-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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 | 04254-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. On 18 October 1983, you had NUP for use of marijuana.
NAVY | BCNR | CY2009 | 00325-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 REC Docket No: 00325-09 9 November 2009 This is in reference to your application for correction of your . 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 November 1981, you received NJP for another period of UA.
NAVY | BCNR | CY2007 | 11111-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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 | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2011 | 02243-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 November 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 | CY2008 | 08188-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 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 | CY2009 | 01450-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. During the period from 16 May 1983 to 23 April 1984, you had three periods of UA totaling 295 days. 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 | CY2011 | 03331-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 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. Your offenses were two specifications of disobedience, failure to obey a lawful order, two periods of UA totalling two days, assault, and two...
NAVY | BCNR | CY2009 | 01844-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 November 2009. 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...