DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 11337-0939
13 August 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 4 August 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 ali 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 1 March 1982 at age 20. You received nonjudicial
punishment (NJP) on three occasions for sleeping on watch, two
instances of failure to go to your appointed place of duty,
dereliction in the performance of duty and disobeying a lawful
order. After your second NJP, you were counseled regarding your
Misconduct and warned that further offenses could result in
administrative separation. On 2 May 1984, you were convicted by
Special court-martial (SPCM) of wrongful possession of cocaine,
breaking restriction, and insubordinate conduct and disrespectful
language toward a petty officer. The sentence imposed was
confinement for two months, forfeiture of pay, reduction in
paygrade and a bad conduct discharge (BCD). You received the BCD
after appellate review was complete.
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 a three NJPs and one SPCM conviction. 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.
a
Sincerely,
NAVY | BCNR | CY2009 | 11249-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. 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 | 07210-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 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 | CY2009 | 04679-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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 | CY2010 | 03935-09
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. You received the BCD after appellate review was complete. 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 | 04916-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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 three NJP’s and...
NAVY | BCNR | CY2009 | 11385-09
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. You received nonjudicial punishment (NJP) on two occasions for failure to go to your appointed place of duty and unauthorized absence (UA) from your unit for a period of four days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2010 | 03926-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 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. You requested suspension of the BCD and restoration to earn an honorable discharge.
NAVY | BCNR | CY2010 | 01079-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of six NJP’s and conviction by SPCM. 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 | 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...
NAVY | BCNR | CY2009 | 03372-09
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. Additionally, after your second NUP, you were counseled and warned that further misconduct could result in administrative discharge action.