DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11629-10
18 August 2011
This is 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 16 August 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 reenlisted in the Marine Corps on 24 July 1969 after two
years of prior honorable service. You continued to serve without
disciplinary incident until 19 January 1970, when you were
convicted by summary court-martial (SCM) of a 57 day period of
unauthorized absence (UA). You were sentenced to a $100
forfeiture of pay, confinement at. hard labor and restriction for
45 days, and reduction to paygrade E-4.
On 30 March 1972 you were convicted by general court-martial
(GCM) of a 160 day period of UA and sentenced to confinement at
hard labor for seven months, a $525 forfeiture of pay, reduction
to paygrade E-1, and a bad conduct discharge (BCD). On 18 March
1972 you submitted a written request for immediate execution of
‘the BCD in which you stated, in part, that you did not desire
restoration to duty, but requested clemency in the form of a
general discharge. Nonetheless, the BCD was subsequently
approved at all levels of review, and on 26 January 1976 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 prior satisfactory service, post service conduct, and desire
to upgrade your discharge. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct and
lengthy periods of UA from the Marine Corps which resulted in two
court-martial convictions. 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,
Lean
W. DEAN PF
Executive Dive r
NAVY | BCNR | CY2002 | 05727-00
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. Your record reflects that on 30 April 1973 you The Board found you enlisted in the Marine Corps on 12 July 1972 at the age of 19. received nonjudicial punishment (NJP) for a two day period of unauthorized absence (UA) and were awarded a $50 forfeiture of pay, which was suspended. ...
NAVY | BCNR | CY1998 | 07464-98
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 October 1973 you submitted a written request for immediate execution of the BCD. veterans1 benefits after being discharged with a BCD.
NAVY | BCNR | CY2010 | 01415-10
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 1973 you received NUP for six periods of absence from your appointed place of duty and a one day period of UA.
NAVY | BCNR | CY2002 | 02238-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at hard labor for 30 days, to On 3 August 1960 you received nonjudicial a $40 forfeiture of pay, and reduction on 6 May 1960, you were paygrade E-l. On 27 August and again on 8 October...
NAVY | BCNR | CY2007 | 07775-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2008. 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 error or injustice.
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2011 | 05736-11
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. Your request for discharge was granted and on 26 November 1971, you received an other than honorable discharge for the good of the service in...
NAVY | BCNR | CY2002 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY2010 | 06465-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 April 2011. 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 three NJP's and SPCM conviction of a lengthy period of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2007 | 00573-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2007. 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...