DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SoN
Docket No: 11731-09
1L 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 10 August 2010. 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 and began a period of active
duty on 29 December 1977. The Board found that you received: four
nonjudicial punishments (NUP’s) for three instances of absence
Erom your appointed place of duty, disobedience, and breaking
restriction. On 12 March 1979, you were convicted by general
court-martial (GCM) of two specifications of disobedience, two
specifications of sleeping while on post, two specifications of
assault, communicating a threat, two specifications of conspiracy
to commit larceny, larceny, and housebreaking. You were
sentenced to confinement at hard labor, a forfeiture of ali pay
and allowances, and a bad conduct discharge (BCD). You received
the BCD on 3 September 1980 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and post service
medical issues. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NUJP’s and GCM conviction for very serious
offenses. 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.
e this regard, it! is important to keep in mind that a
resumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
secord, the buyden is on the applicant to demonstrate the
@xistence of probable material error or injustice.
Sincerely,
Executive ia
NAVY | BCNR | CY2010 | 01422-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. On 6 November 1980 the DD was mitigated to a bad conduct discharge (BCD) and the confinement was reduced to three years. 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 | CY2013 | NR2679-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. 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 | CY2013 | NR2688-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. 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 | CY2010 | 00761-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2010. You are advised that no discharge is upgraded due merely to the passage of time. 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 | CY2012 | 03256-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2013. 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 | CY2009 | 13129-09
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. The Board, in its review of your entire record and application, carefully_weighed.all. 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 | CY2001 | 04465-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The record does not indicate if any disciplinary action was taken for this period of UA. good post service conduct, and your However, the Board concluded these...
NAVY | BCNR | CY2007 | 04030-07
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 | CY2013 | NR8332 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2014. 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 | CY2002 | 02884-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. duty for 14 days. However, this request was denied and on 9 May 1979, after the BCD was approved at all levels of review, you were so discharged.