DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11984-10
12 August 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 10 August 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.
REter 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 11 May 1981 at age 17. On 15 September 1982, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of 26 days. The sentence
imposed was confinement for 30 days, and a forfeiture of pay.
On 14 February 1983, you received nonjudicial punishment (NUP)
for failure to obey a lawful general order. On 2 June 1983, you
were convicted by SCM of wrongful use and possession of
‘marijuana. The sentence imposed was confinement for 30 days, a
forfeiture of pay and reduction in paygrade. On 19 September
1983, you were convicted by special court-martial (SPCM) of
insubordinate conduct toward a noncommissioned officer, resisting
apprehension and wrongful use of marijuana. The sentence imposed
wag confinement for 45 days, a forfeiture of pay and a bad
conduct discharge (BCD). On 26 March 1984, you were discharged
with a BCD after appellate review.
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
ef your discharge given the seriousness of your misconduct that
resulted in one NJP, two SCMs, and one SPCM. Acordingly, 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,
Waa dt
W. DEAN PFRLF
Executive Director
NAVY | BCNR | CY2006 | 02466-06
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 30 September 1981 after four years of prior honorable service. The...
NAVY | BCNR | CY2010 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
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...
NAVY | BCNR | CY2013 | NR4078-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 2014.. 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 | 02181-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 11 January 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. However, on 29 November 1983, the discharge authority approved the recommendation for discharge, but directed your commanding officer to issue...
NAVY | BCNR | CY2010 | 05993-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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 error...
NAVY | BCNR | CY2013 | NR4572 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2014. 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 | CY2011 | 00082-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...
NAVY | BCNR | CY2005 | 00514-05
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 Naval Reserve on 6 March 1980 at age 20 and served without disciplinary incident...
NAVY | BCNR | CY2009 | 11656-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on il August 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of one NUP...