DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3170-09
1 March 2010
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 February 2010. 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
duty on 4 September 1985 at age 18. On 13 March 1987, you were
convicted by summary court-martial (SCM) of dereliction of duty,
destruction of government property and being incapacitated for
the performance of duty. On 24 June 1987, you received
nonjudicial punishment (NJP) for wrongful use of marijuana. On
14 March 1988, you were convicted by special court-martial (SPCM)
of disrespect toward a superior noncommissioned officer,
wrongfully communicating a threat and wrongful use of another
service member's identification card. You were sentenced to 45
days of confinement, forfeiture of pay and a bad conduct
discharge (BCD). You received the BCD after appellate review was
completed.
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 NIP, SCM and a SPCM. 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,
leaky
W. DEAN PF
Executive D or
NAVY | BCNR | CY2010 | 00021-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. On 30 August 1989, you received NJP for UA Erom your appointed place of duty. 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 | 02574-09
A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 11656-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on il August 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 found that these factors were not sufficient to warrant recharacterization of your discharge given your record of one NUP...
NAVY | BCNR | CY2009 | 03990-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 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. 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 | CY2014 | NR2163 14
A three-member panel of the -Board for Correction of Naval Records; sitting in executive session, considered your application on 30 March 2015. 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, in its review of your entire record and application carefully weighed all potentially mitigating factors, such as your post service...
NAVY | BCNR | CY2009 | 02609-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 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. On 10 October 1962, you received NJP for UA from your unit.
NAVY | BCNR | CY2010 | 01341-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 2010. On 25 October 1984, you were convicted by special court-martial (SPCM) of two instances of failure to obey a regulation by possession of beer in the barracks and possession of drug paraphernalia, and wrongful use of marijuana. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 11283-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 2011. Documentary material considered by the Board consisted of your application, together with ail 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 | CY2010 | 05217-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 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. 1 December 1987, you received NUP for making a false official statement, destruction of property and urinating in an elevator.
NAVY | BCNR | CY2009 | 10980-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your three NUP’s, SCM, and especially your SPCM conviction for very serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...