DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
TUR
Docket No: 4755-09
26 April 2010
Bie
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 20 April 2010. 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 Marine Corps on 12 March 1976 at age 17 and
began a period of active duty on 29 March 1976. You served for
about four months without disciplinary incident, but during the
month of August 1976, you received nonjudicial punishment (NIP)
on three occasions for assault, two specifications of
disobedience, and a three day period of unauthorized absence
(UA) .
On 6 April 1977 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 52 days. You were
sentenced to confinement at hard labor for four months, a $992
forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, you submitted a written request for immediate
execution of the BCD. In June 1977 the BCD was approved at all
levels of review, and on 24 June 1977 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
and your lengthy periods of UA from the Marine Corps which
resulted in three NJPs and a SPCM. 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,
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 | CY2003 | 08552-03
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. A portion of the forfeitures and the BCD were suspended for six months.The record reflects five...
NAVY | BCNR | CY2009 | 03347-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2010. On 18 August 1976 and 6 January 1977, you received nonjudicial punishment (NUP) for absence from your appointed place of duty and disobedience. 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 | 01415-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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 25 June 1973 you received NUP for six periods of absence from your appointed place of duty and a one day period of UA.
NAVY | BCNR | CY2009 | 11815-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NJP’s and SPCM conviction for periods of UA totaling over two months. 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 | 12405-09
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization...
NAVY | BCNR | CY2008 | 03140-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 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. 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 | 12776-09
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in three NUP’s, conviction by SPCM for periods of UA totaling over five months, and the fact that you were given an...
NAVY | BCNR | CY2011 | 03331-11
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 | CY2013 | NR2441-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ; application on 25 February 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. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge given your five NUP‘s, one of...