DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00179-10
18 October 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 13 October 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 18 July 1989. The Board found that you were counseled
and warned on more than one occasion for writing checks with
insufficient funds, property theft, excessive use of alcohol, and
failure to pay debts and support payments. Additionally, you
received nonjudicial punishment for four instances of
unauthorized absence (UA). You received a reduction in paygrade,
restriction, and extra duty. On 10 August 1992, you were
convicted by a general court-martial (GCM) of 21 days of UA,
which ended in your apprehension, and distribution of
methamphetamine. You were sentenced to confinement, a forfeiture
of pay, a reduction in paygrade, and a dishonorable discharge
(DD). You received the DD on 20 November 1995 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 and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP and GCM
conviction for very serious misconduct. 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.
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,
Yo
W. DEAN PF
Executive D
NAVY | BCNR | CY2009 | 10747-09
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. 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 | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2009 | 13393-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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...
NAVY | BCNR | CY2013 | NR2844-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. On 28 January 1947, you received deck court (DC) for two periods of UA.
NAVY | BCNR | CY2011 | 01507-11
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 discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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 | CY2004 | 01187-04
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 materialThe Board found that you enlisted in the Navy on 29 May 1946 at age 18. On 1 October 1948 you were convicted by deck...
NAVY | BCNR | CY2002 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY2007 | 06656-07
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.You enlisted in the Navy on 12 October 1951 at age 18. Nevertheless, the Board found that these...
NAVY | BCNR | CY2010 | 11629-10
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. On 30 March 1972 you were convicted by general court-martial (GCM) of a 160 day period of UA and sentenced to confinement at hard labor for seven months, a $525 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). Consequently, when applying for a correction of...
NAVY | BCNR | CY2007 | 06795-07
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...