Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 01165-11
Original file (01165-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 1165-11
8 November 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 1 November 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 ali
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 5 February 1973 at age 17 and
served without disciplinary incident until 29 June 1973, when you
received nonjudicial punishment (NUP) for a seven day period of
unauthorized absence (UA). Shortly thereafter, on 27 August
1973, you were convicted by summary court-martial (SCM) of a 19
day period of UA. About six months later, on 27 February 1974,

you were convicted by special court-martial (SPCM) of a 33 day
period of UA.

On 22 January 1975 you were convicted by SPCM of five periods of
UA totalling 131 days and disobedience. You were sentenced to
confinement at hard labor for four months, an $800 forfeiture of
pay, and a bad conduct discharge (BCD). On 5 March 1975 you
submitted a written request for suspension of the BCD and
restoration to duty. However, your request was subsequently
denied. On 16 April 1975, after an arrest warrant was issued for
your failure to appear in civil court on charges of robbery on or
about 7 July 1974, you were released from military custody to
Stand trial in civil court. Your record, however, does not
reflect the court action or sentence for the foregoing charge.
Nonetheless, on 27 August 1975, the BCD was approved at all
levels of review, and on 1 September 1975, 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 and desire to upgrade your discharge for medical
purposes. It also considered your assertion of having a bi-polar
disorder and multiple personalities. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your repetitive and lengthy
periods of UA from the Marine Corps and criminal activity in the
.Civilian community. 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,

Lo Veet

W. DEAN PFEI
Executive Dinkec

Similar Decisions

  • NAVY | BCNR | CY2011 | 01866-11

    Original file (01866-11.pdf) 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. Nevertheless, these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your lengthy period of UA from ‘the Marine Corps. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2010 | 03027-10

    Original file (03027-10.pdf) 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. AS & result, on 19 March 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court- martial for the three foregoing periods of UA totalling 376 days. Consequently, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2009 | 11162-09

    Original file (11162-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. On 5 June 1974 you submitted a written request for immediate execution of the BCD. gConsequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the g@eistence of probable material error or injustice.

  • NAVY | BCNR | CY2008 | 06516-08

    Original file (06516-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 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 27 January 1975, you waived the right to request restoration to duty and requested execution of the BCD.

  • NAVY | BCNR | CY2011 | 01537-11

    Original file (01537-11.pdf) 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. On 9 August 1973 you were ‘convicted by special court-martial (SPCM) of three periods of UA totalling 27 days and sentenced to confinement at hard labor for two months, a $408 forfeiture of pay, and a bad conduct discharge {BCD}. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2007 | 11117-07

    Original file (11117-07.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 November 2008. 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...

  • NAVY | BCNR | CY2006 | 07979-06

    Original file (07979-06.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 an conscientious consideration of the entire record, the Boar found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 14 September 972 you enlisted in the Marine Corps at age 20. Nevertheless, the Board concluded that...

  • NAVY | BCNR | CY2011 | 03362-11

    Original file (03362-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 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. 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 | 03451-10

    Original file (03451-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 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 | CY2014 | NR5645 14

    Original file (NR5645 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and your assertion that you suffered a traumatic head injury while serving in the Marine Corps. New evidence is evidence not previously considered by the Board prior to...