Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 05064-10
Original file (05064-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 SUN
Docket No: 05064-10

4 April 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 29 March 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
injustice.

You reenlisted in the Navy on 13 December 1955 after three years

of honorable service. The Board found that you received
nonjudicial punishment (NTP) for two days of unauthorized absence
(UA). On 10 and 20 April 1956, you were convicted by summary

courts-martial (SCM) of two days of UA and disobedience. On

9 July 1956, you were convicted by special court-martial (SPCM)
of missing movement, disobedience, and 10 days of UA. Finally,
on 25 April 1957, you were convicted by general court-martial
(GCM) of an 84 day period of UA, that ended only in your
apprehension, and missing movement. You were sentenced to a
forfeiture of pay, a reduction in paygrade, confinement at hard
labor, and a bad conduct discharge (BCD). After you waived your
right to request restoration, you received the BCD on

21 January 1958 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, prior honorable service, and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP, two SCM’s, conviction by SPCM, and GCM for a
lengthy period of UA and missing movement. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

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 itsydecision upon submission of new and material
@®idence or other matter ndét previously considered by the Board.
fnthis regard, itfis important to keep in mind that a
presumption of regularity attaches to all official records.
‘Consequently, when gpplying 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 Di

Similar Decisions

  • NAVY | BCNR | CY2010 | 03688-10

    Original file (03688-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. Finally, the Board concluded that you were fortunate to have received a general discharge since Sailors discharged with a record of misconduct,...

  • NAVY | BCNR | CY2002 | 10183-02

    Original file (10183-02.pdf) Auto-classification: Denied

    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 | CY2010 | 08241-10

    Original file (08241-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 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 25 November 1950, you were again convicted by SPCM of UA from your unit for a period of three days and sentenced to 30 days confinement, a...

  • NAVY | BCNR | CY2006 | 06450-06

    Original file (06450-06.rtf) 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.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 27 December 1956 at age 17 with parental consent. On 23 December 1959 you...

  • NAVY | BCNR | CY2009 | 01419-09

    Original file (01419-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. 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 material...

  • NAVY | BCNR | CY2004 | 01128-04

    Original file (01128-04.rtf) 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.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 injusticeThe Board found that you enlisted in the Navy on 25 July 1951 at age 17. On 7 February 1955 you...

  • NAVY | BCNR | CY2010 | 06962-10

    Original file (06962-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2011. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, injuries sncurred while on active duty, and belief that your offenses do not warrant a BCD. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 03003-10

    Original file (03003-10.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. A year later, on 28 November 1969, you were convicted by SPCM of a 268 day period of UA. On 2 March 1970 you submitted a written request for remission of the BCD and to be issued a general discharge.

  • NAVY | BCNR | CY2010 | 05129-10

    Original file (05129-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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 | CY2002 | 02218-02

    Original file (02218-02.pdf) Auto-classification: Denied

    officer recommended an undesirable discharge by reason of unfitness. were so discharged. 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.