DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 04490-10
2 February 2011
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 2 February 2011. 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
iti} usetice.
You enlisted in the Marine Corps and began a period of active
duty on 5 January 1971, at age 17. On 8 June 1973, you were
convicted by a special court-martial (SPCM) of wrongfully
possessing and selling 132.9 grams of marijuana. You were
sentenced to forfeitures of $300, reduction in pay grade, and
confinement at hard labor for 30 days. On 18 July 1973, you
received nonjudicial punishment (NUP) for failure to go to your
appointed place of duty. On 29 October 1973, you received NUP
for leaving your appointed place of duty. On 18 January 1974,
you received NUP for failure to be at your appointed place of
duty. Administrative discharge action was then initiated by
reason of misconduct. On 7 March 1974, your case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an undesirable discharge due to unfitness. Your
commanding officer concurred with the ADB's finding and
recommended that you be discharged with an undesirable discharge
conditions by reason of unfitness. On 15 April 1974, you
received the undesirable discharge due to misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of serious misconduct. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
eo
gt is regretted that the circumstances of your case are such that
favorable a¢tion cannot be taken. You are entitled to have the
Board reconsider ifs 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,
Fxecutive 16 or
NAVY | BCNR | CY2013 | NR5909 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 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. 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 | 11117-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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 | CY2010 | 03451-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 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 | CY2011 | 00035-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 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. You requested to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2009 | 09930-09
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 6 July 1973, you received NUP for being UA for a period of 15 days. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an other than honorable discharge.
NAVY | BCNR | CY2013 | NR8150 13
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 elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). 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 | 06287-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2010 | 13341-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 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 | CY2005 | 03286-05
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, advisory opinion, 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 17 December 1973 at age 17 with parental...
NAVY | BCNR | CY2004 | 09154-04
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 13 July 1970 at age 17 and served for a year without disciplinary...