DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8263-10
18 February 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 16 February 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 enlisted in the Marine Corps and began a period of active
duty on 25 October 1979 at age i7. On 7 May 1981, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) £rom
your unit for a period of 14 days. On 21 June 1981, you were in
a UA status from your unit until you were apprehended on
3 September 1981 by the Suffolk County Police Department, New
York. On 24 February 1982, you were convicted of second degree
burglary and sentenced to four and one half years confinement in
the Coxsackie Correctional Facility, West Coxsackie, New York.
On 18 October 1982, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 2 November 1982, you received the OTH discharge for misconduct
due to your civilian conviction.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. 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 an NUP and a civil conviction. Finally, members of
the armed services who are subject to conviction by civil
authorities and if incarcerated may be discharged. 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.
tin 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,
Yes.S |
W. DEAN P
Executive reotor
NAVY | BCNR | CY2010 | 06325-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. On 18 January 1982, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for the...
NAVY | BCNR | CY2008 | 06026-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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. On 18 February 1983, you were so discharged.
NAVY | BCNR | CY2010 | 11454-10
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 28 November 1982, you received NJP for unauthorized absence from your unit for a period of six days. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2010 | 11167-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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 | CY2012 | 00904 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 31 January 1983, you were again UA for 20 days with no disciplinary action taken by your chain of command. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 04332-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 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. 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 | CY2011 | 00597-11
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. On 23 March 1983, you made a written request for discharge for the good of service to avoid trial by court-martial for the foregoing periods of UA and wrongful use of marijuana. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2011 | 00210-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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 | CY2010 | 05808-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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 applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 08507-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct.