DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00655-10
27 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 21 October 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 entered active duty in the Marine Corps on 14 September 1979,
and served without disciplinary incident until 26 July 1982, when
you pled guilty and were convicted in civil court of the sale of
marijuana. Therefore, you were recommended for separation with
an other than honorable (OTH) discharge due to a civilian
Conviction. You waived your rights to consult with counsel and
an administrative discharge board (ADB). The separation
authority approved the recommendation and on 1 July 1983, you
were separated with an OTH discharge due to a civilian conviction
and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct. Additionally, the Board found that
you waived your procedural right to an ADB, your best opportunity
for retention or a better characterization of service.
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
egerd; the burden its on the applicant to demonstrate the
existence of probable material error or injustice.
ae he
Sincerely,
NAVY | BCNR | CY2008 | 10070-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2009. record, the Board found that 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 applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2009 | 10906-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | 03358-09
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 were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY1999 | 05053-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. On 29 October 1987, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2008 | 06046-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2009 | 03505-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2010. Documentary material considered by the Board consisted of your application, together with ail 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 | 10430-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 June 2010. On 19 December 1984, you received an OTH discharge due. 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 | 08581-09
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 | 03156-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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 initially enlisted in the Air Force from July 1972 to April 1974, and received an honorable discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2010 | 00638-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. The Board noted that you were fortunate to receive a general discharge, because individuals who are separated for misconduct such as yours normally receive an OTH characterization of service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...