Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 05378-10
Original file (05378-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TJUR
Docket No: 5378-10
30 March 2011

This igs 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 29 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 on 22 October 1953 at age 17.
You served without disciplinary incident until 20 July 1954,
when you were convicted by special court-martial (SPCM) of
larceny of five items valued at $10.75. You were sentenced to
confinement at hard labor for five month, a $120 forfeiture of
pay, and a bad conduct discharge (BCD).

On 23 February and again on 7 March 1955 you received nonjudicial
punishment (NUP) for disorderly conduct, fighting, and breaking
restriction. On 29 November 1955 you submitted a written request
for immediate execution of the BCD. Subsequently, the BCD was
approved at all levels of review, and on 14 December 1955, 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 assertion that
the punishment was excessive for the offenses committed.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in two NJPs and a SPCM.
Finally, the Board noted your request for immediate execution of
the BCD. 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,

LoQanSeaf

W. DEAN PF R
Executive Directo

Similar Decisions

  • NAVY | BCNR | CY2010 | 08267-10

    Original file (08267-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. 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 | CY2006 | 01731-06

    Original file (01731-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2006. 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 ecord, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2006 | 04308-06

    Original file (04308-06.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 Marine Corps on 4 December 1953 at age 18. About six months later, on 23 June...

  • 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 | CY2003 | 05183-03

    Original file (05183-03.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 Marine Corps on 8 December 1952 at age 17. On 23 November 1953 you received...

  • NAVY | BCNR | CY2011 | 02346-11

    Original file (02346-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2010 | 05064-10

    Original file (05064-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 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 gpplying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • 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 | CY2012 | 03037-12

    Original file (03037-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. 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 | CY2004 | 01108-04

    Original file (01108-04.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 rj.s~uirnThe Board found that you enlisted in the Marine Corps on 11 September 1973 at the age of 18. You...