DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12889-09
23 September 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 21 September 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 24 January 1972. The Board found that you received four
nonjudicial punishments (NJP’s) for two specifications of absence
from your appointed place of duty, three specifications of
disobedience, and unauthorized absence. Additionally, you were
convicted by Japanese civil authorities of possession of
Marijuana. You were sentenced to a period of hard labor.
Subsequently, administrative discharge action was initiated and
it was recommended that you receive an undesirable discharge by
reason of misconduct due to civil conviction. You were notified
of pending administrative separation action. You elected to have
your case considered by an administrative discharge board (ADB),
which recommended that you be separated from the service with an
undesirable discharge due to misconduct. Your case was forwarded
and you received an undesirable discharge on 27 August 1976.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUJP’s and
conviction by Japanese authorities for a very serious offense.
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,
Ly Wonk ;
W. DEAN
Executive or
NAVY | BCNR | CY2006 | 06999-06
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 2 February 1972 at age 20. On 25 July 1974 the discharge...
NAVY | BCNR | CY2000 | 06216-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2001. However, the Board concluded that these factors were not sufficient to warrant recharacterizatiofl of your discharge, given the seriousness of the civil conviction and the unauthorized absences totalling more than eleven months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2009 | 09067-09
You also were convicted by three summary courts-martial (SCM) of two periods of UA, two specifications of Gisobedience, and absence from your appointed place of duty. You were notified of pending administrative separation action and an administrative discharge board (ADB) recommended that you be discharge from the service with an undesirable discharged due to unfitness. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 10278-09
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. Your case was forwarded and it was directed that you receive an undesirable discharge by reason of misconduct due to civil conviction. 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 | 05016-08
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 14 December 1979 an ADB recommended separation under other than honorable conditions by reason of misconduct due to civil conviction. 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 | 06072-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of...
NAVY | BCNR | CY2008 | 00061-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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. Subsequently, the discharge authority concurred with the ADB and directed that you receive an undesirable discharge due to misconduct on the...
NAVY | BCNR | CY2002 | 10295-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 24 November 1979 you were notified of pending administrative separation action had been initiated by reason of misconduct due to civil conviction. paygrade E-2, On 30 October However, on 20 board (ADB) recommended...
NAVY | BCNR | CY2002 | 05231-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2001. 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. Consequently,...
NAVY | BCNR | CY2008 | 01576-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 2008. 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...