Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 00314-10
Original file (00314-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

   

TR
Docket No: 314-10
13 October 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 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 on 27 August 1981 at age 19 .and
began a period of active duty on 5 October 1981. You served for
a year and 10 months without disciplinary incident, however,
during the period from 10 August to 20 December 1983, you
received nonjudicial punishment (NJP) on three occasions for
wrongful use of marijuana and two periods of unauthorized absence
(UA) totalling 12 days.

On 2 February 1984 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative

discharge board (ADB). Subsequently, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. On 13 March

1984 the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct and on 18 March 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of financial and medical hardships.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in three
NJPs and included drug abuse. Further, you were given an
epportunity to defend your actions, but waived your procedural
Yeght to present’ your case to an ADB. Accordingly, your
application has been denied.

en

iv is regretted that the circumstances of your case are such that
sfavorable 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,

Worse)

W. DEAN PFALF
Executive ector

Similar Decisions

  • NAVY | BCNR | CY2010 | 04509-09

    Original file (04509-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2009 | 02403-09

    Original file (02403-09.pdf) Auto-classification: Denied

    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. 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 | 01933-10

    Original file (01933-10.pdf) Auto-classification: Denied

    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 . On 9 April 1984, you were so discharged. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2006 | 05057-06

    Original file (05057-06.rtf) Auto-classification: Denied

    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 1 October 1981 at age 17 with parental consent and served without incident...

  • NAVY | BCNR | CY2007 | 07047-07

    Original file (07047-07.rtf) Auto-classification: Denied

    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 19 January 1981 at age 18. The punishment imposed was extra duty and...

  • NAVY | BCNR | CY2010 | 01575-10

    Original file (01575-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 | 01892-09

    Original file (01892-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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. On 25 August 1984, the separation authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct.

  • NAVY | BCNR | CY2001 | 01137-01

    Original file (01137-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 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. Given all...

  • NAVY | BCNR | CY2009 | 02348-09

    Original file (02348-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your...

  • NAVY | BCNR | CY2010 | 01883-10

    Original file (01883-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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. On 11 January 1984, you received NUP for being UA an unknown period o£ time.