DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05254-10
10 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 9 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 Or
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policiés:
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 active duty on 21
September 1983. On 22 August 1984, you received nonjudicial
punishment (NJP) for being absent from your appointed place of
duty. On 26 April 1985, you were convicted by a summary court-
martial (SCM) of wrongful use of marijuana and cocaine. You were
sentenced to a forfeiture of $400, reduction in pay grade, and
confinement at hard labor for 30 days. On 2 March 1986, you
received NIP for being derelict in the performance of your
duties, and willfully refused to obey an order. On 12 March
1986, you received NJP for being absent from your appointed place
of duty, and willfully communicating a threat to a
noncommissioned officer. On 23 June 1987, you received NUJP for
being in an unauthorized absence (UA) status for one day, and
failure to go to your appointed place of duty. On 12 August
1987, you were convicted by a second SCM of six incidents of
failure to go to your appointed place of duty. You were
sentenced to a forfeiture of $300, and confinement at hard labor
for 30 days. On 21 August 1987, administrative separation action
was initiated by reason of misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. On 28
August 1987, the discharge authority directed an OTH discharge by
reason of misconduct. On 17 September 1987, you were discharged
and received an OTH characterization of service by reason of your
misconduct. At that time you were assigned an RE-4B (in service
drug abuse) reenlistment code.
The Board, initts review of your application, carefully weighed
ll potentially Mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
~that these facters were not sufficient to warrant changing the
‘characterization of your discharge, given your record of five
NJP's and conviction by two SCM’s of misconduct. The Board noted
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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 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 | CY2011 | 00214-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 13 October 2011. On 13 December 1961, you received NUP for three incidents of failure to go to your appointed place of duty. - 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 | CY2012 | 00286-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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. On 9 May 1986, you received NUP for being UA for one day.
NAVY | BCNR | CY2010 | 04845-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record, and applicable statutes, regulations, and policies. The Board found that he was counseled regarding periods of unauthorized absences (UA) and wrongful use of a controlled substance, and...
NAVY | BCNR | CY2012 | 01145 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2010 | 07198-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 2011. 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. your discharge, given your record of three NJP’s and conviction by one SCM for misconduct.
NAVY | BCNR | CY2009 | 12135-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2010. The discharge authority directed an other than honorable discharge by reason of misconduct. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP‘s and conviction by one SCM for misconduct.
NAVY | BCNR | CY2009 | 08496-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. 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 ali material submitted in support thereof, your late husband's naval record, and applicable statutes,...
NAVY | BCNR | CY2009 | 05981-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 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 24 August 1987, you received NIP for absence from your appointed place of duty.
NAVY | BCNR | CY2011 | 01507-11
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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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 | 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.