DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4730-10
2 March 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 1 March 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 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 29 May 1967 at age 17. You served
without disciplinary incident until 14 October 1968, when you
were convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 82 days. You were sentenced
to confinement at hard labor for one month, reduction to paygrade
E-1, and a $75.60 forfeiture of pay.
On 17 July 1969 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 123 days and sentenced to
confinement at hard labor for four months and a bad conduct
discharge (BCD). On 1 October 1969 you submitted a written
request for immediate execution of the BCD, stating in part, that
you felt that the time you spent in the Navy had taken too much
from you and did not give anything in return, and that you would
be happier if your discharge were expedited. Subsequently, the
BCD was approved at all levels of review, and on 30 March 1970,
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, desire to upgrade your discharge, and the passage of
time. Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in two court-martial
convictions. Finally, the Board noted your request for immediate
execution of the BCI. Accordingly, your application has been
denied. {
; :
tt is regretted that the circumstances of your case are such that
favorable action camnot 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,
NAVY | BCNR | CY2010 | 11629-10
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 30 March 1972 you were convicted by general court-martial (GCM) of a 160 day period of UA and sentenced to confinement at hard labor for seven months, a $525 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). Consequently, when applying for a correction of...
NAVY | BCNR | CY2002 | 04158-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently,...
NAVY | BCNR | CY2003 | 07477-03
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 inthe Navy on 28 November 19 I at age 22. The forfeitures and confinement were suspended...
NAVY | BCNR | CY2010 | 05129-10
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. Cofisequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 04031-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 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. On 5 November 1965 and 3 March 1967, you received two more NUJP’s for a four-day period of UA and another period of UA.
NAVY | BCNR | CY2009 | 02201-09
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 31 December 1968 you were again convicted by SPCM of an 87 day period of UA and sentenced to confinement at hard labor for six months and a bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2010 | 10677-10
A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your application on 3 August 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 | CY2007 | 06040-07
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 4 December 1967 at age 17. You were sentenced to confinement for...
NAVY | BCNR | CY2002 | 10183-02
You were again convicted by SPCM on 11 October 1956 of larceny and sentenced to confinement at hard labor for two months, a $60 forfeiture of pay, and a bad conduct discharge (BCD). On 21 October You were sentenced to a $30 forfeiture of pay You were sentenced to confinement at hard Your allegations of error and The BCD However, on' by civil authorities ,on 23 On 11 January 1957 you were convicted by SPCM of the foregoing period of UA and sentenced to a $330 forfeiture of pay, On 3...
NAVY | BCNR | CY2003 | 05183-03
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 8 December 1952 at age 17. On 23 November 1953 you received...