DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 04998-10
24 March 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 22 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 Marine Corps and began a period of active
duty on 14 September 1961. The Board found that you received
three nonjudicial punishments (NUP’s) for unauthorized absence
(UA), misappropriation of money, and making a false official
statement. Additionally, you were convicted by summary court-
martial (SCM) of larceny. On 25 August 1965, you were convicted
by special court-martial (SPCM) of three periods of UA totaling
20 days, larceny and escaping from custody. You were sentenced
to confinement at hard labor, a reduction in paygrade, a
forfeiture of pay and bad conduct discharge (BCD). You received
the BCD on 18 February 1966 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, SCM,
and conviction by SPCM of very serious offenses. 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,
Executive
NAVY | BCNR | CY2010 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2010 | 09060-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 May 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. On 19 July 1991, you received NUP for assaulting a female Marine.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. During the period from 16 May 1983 to 23 April 1984, you had three periods of UA totaling 295 days. 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.
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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 1982 you began a period of UA that was not terminated until you were apprehended by civil authorities.
NAVY | BCNR | CY2011 | 00440-11
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