DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2510-09
24 June 2009
Deal
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 17 June 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 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 23 December 1986 at age 17
and began a period of active duty on 9 March 1987. You served
without disciplinary incident until 9 September 1988, when you
received nonjudicial punishment (NUP) for disrespect.
On 10 March 1989 you were convicted by special court-martial
(SPCM) of wrongfully making and delivering two checks valued at
$1,300 without sufficient funds and altering an identification
card. You were sentenced to reduction to paygrade E-1,
confinement for 75 days, a $900 forfeiture of pay, and a bad
conduct discharge (BCD).
On 12 December 1989, while on appellate leave, you were arrested
by civil authorities of assault with a deadly weapon or
instrument, and scheduled to appear in court on 2 March 1990.
Nonetheless, the BCD was approved at all levels of review and on
11 May 1990 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, post service conduct, and desire to upgrade your
discharge. It also considered your character reference letters
provided in support of your case. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of ‘your
repetitive misconduct. 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,
Odea
Executive \N or
NAVY | BCNR | CY2008 | 09517-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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. 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 | 03537-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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...
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 | 06507-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2009. On 28 March 1991 you received your fourth NJP for three periods of failure to,go to your appointed place of duty and were awarded a $800 forfeiture of pay, restriction for 30 days, and reduction to paygrade E-2. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 07353-09
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. 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 | CY2008 | 10016-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2009. After appellate review, on 18 May 1990, you received the BCD. 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 | 09662-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2009. Nevertheless, the Board found that these factors and reasons were not sufficient to warrant recharacterization of your discharge given your conviction by SPCM for a period of UA that lasted over 15 wonths. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 01590-09
- A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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...
NAVY | BCNR | CY2008 | 04611-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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 | CY2009 | 00085-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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...