DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
BJG
Docket No: 9433-09
9 June 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 8 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 9 March 1976. Your record is
incomplete, but it shows that you had four periods of lost time
totaling 438 days. Your record also reflects that you were
notified of pending administrative separation processing with
an other than honorable (OTH) discharge for misconduct
(conviction by civil authorities). You elected to have your
case heard by an administrative discharge board (ADB), which
met and found misconduct (conviction by civil authorities) and
recommended your separation with an OTH discharge. The
discharge authority concurred with the ADB’s finding and
recommendation, and you were so discharged on 16 April 1981,
and assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
Gesire to upgrade your discharge. However, the Board concluded
that your OTH discharge should not be changed due to your
lengthy periods of lost time and civil conviction. In view of
the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Regarding your request to have your General Educational
Development (GED) passage entered on your Certificate of
Release or Discharge from Active Duty (DD Form 214), you are
advised that your DD Form 214 became effective on your release
from active duty, 16 April 1981, and you did not receive your
GED until 6 May 2009.
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,
NAVY | BCNR | CY2009 | 10430-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 June 2010. On 19 December 1984, you received an OTH discharge due. 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 | 01315-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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. «Consequently, whert applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 00731-10
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. After careful and conscientious consideration of the entire record, the Board found that 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 | CY2009 | 09134-09
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 8 June 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 oF injustice.
NAVY | BCNR | CY2010 | 03234-10
A three-member panel of the Board for Correction of Naval’ Records, sitting in executive session, considered your application on 27 July 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 given your two NJP's, one...
NAVY | BCNR | CY2009 | 09140-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 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...
NAVY | BCNR | CY2009 | 04242-09
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. On 23 August 1983, the separation authority directed an OTH discharge by reason of misconduct due to civil conviction. Finally, members of the armed services who are subject to conviction by civil authorities and, if convicted, are discharged.
NAVY | BCNR | CY2009 | 03152-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. 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 | 04507-08
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. After you were subsequently released from civil confinement, on 14 January 1982, you were so discharged.
NAVY | BCNR | CY2010 | 08507-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct.