Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 03062-10
Original file (03062-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

‘

ee” WASHINGTON DC 20370-5100 TIR

Docket No: 3062-10
26 January 2011

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 25 January 2011. 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 POLICICR «

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 1981 at age 18 and
served without disciplinary incident until 21 April 1981, when
you received nonjudicial punishment (NOP) for disrespect.

Shortly thereafter, on 3 June 1981, you received NUP for failure
to obey a lawful order by having an open book during testing.

On 16 June 1982 you received NJP for missing the movement of your
ship, two periods of failure to go to your appointed place of
duty, and failure to obey a lawful order by making long distance

On 10 September 1982, you were

(SPCM) of two periods of

unauthorized absence totalling 58 days and escaping from
custody. You were sentenced to confinement at hard labor for 60
days, a $600 forfeiture of pay, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review, and on 9 February 1984 you were issued a BCD.
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. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct
which resulted in three NJPs and a SPCM, and included two lengthy
periods of UA from the Marine Corps. 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,

Similar Decisions

  • NAVY | BCNR | CY2011 | 02243-11

    Original file (02243-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 November 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. 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 | 05297-10

    Original file (05297-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. On 29 July 1981, you were again convicted by SPCM of the forgoing period of UA and sentenced to 90 days confinement, forfeiture of pay and a bad conduct discharge (BCD). 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 | 10773-09

    Original file (10773-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.

  • NAVY | BCNR | CY2011 | 00158-11

    Original file (00158-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. On 8 June 1979, you received NJP for unauthorized absence from your unit for a period of four days, two instances of failure to obey a lawful order, and being incapacitated for the performance of duty. 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 | CY2007 | 03716-07

    Original file (03716-07.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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, desire to upgrade your discharge, and the passage of time. Consequently, when applying for a correction of an official naval record, the burden is on...

  • NAVY | BCNR | CY2010 | 11984-10

    Original file (11984-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 10 August 2011. The sentence imposed wag confinement for 45 days, a forfeiture of pay and a bad conduct discharge (BCD). 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 | CY2010 | 10733-10

    Original file (10733-10.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. The discharge authority directed the execution of your BCD. 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 | CY2011 | 03331-11

    Original file (03331-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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 offenses were two specifications of disobedience, failure to obey a lawful order, two periods of UA totalling two days, assault, and two...

  • NAVY | BCNR | CY2001 | 07702-01

    Original file (07702-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, and your...

  • NAVY | BCNR | CY2008 | 04254-08

    Original file (04254-08.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 January 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 18 October 1983, you had NUP for use of marijuana.