DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ech
Docket No. 00323-10
28 July 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 27 July
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 22 April 1996 for a term of four
years. Unfortunately you only served for two years and 10 months
and were discharged with a bad conduct discharge (BCD) as a result
of your special court-martial conviction for two periods of
unauthorized absence (UA) totaling 40 days. Your second period of
UA, lasting 37 days, ended when you were apprehended. Prior to your
court-martial you received nonjudicial punishment on two occasions
for stealing $280.00 from another Marine and wrongfully wearing the
combat action ribbon on your uniform.
The Board concluded that in view of the seriousness of your
court-martial conviction as well as your prior disciplinary record
your discharge was proper as issued and should not be changed now
as a matter of clemency.
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 imporfant 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,
La Qua,
W. DEAN PF
Executive or
NAVY | BCNR | CY2009 | 10616-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2009 | 03059-09
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 request for discharge was granted and you received an other than honorable discharge for the good of service on 2 October 1981. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted...
NAVY | BCNR | CY2010 | 07613-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in convictions by SCM and SPCM, charges being preferred to a court-martial for a periods of UA totaling over four months, and request for discharge. ...
NAVY | BCNR | CY2009 | 10493-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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 | 03289-09
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. Your request for _ discharge was granted and on 14 March 1980, you received an other than...
NAVY | BCNR | CY2009 | 13178-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | CY2009 | 04171-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. Your request for discharge was granted and on 6 August 1976, you received an other than honorable discharge for the good of the service in lieu...
NAVY | BCNR | CY2009 | 10655-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | 04682-09
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. On 29 June 1955, you were convicted by special court - martial (SPCM) of 35 day period of UA from your unit. 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 | 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...