DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 02065-11
2 December 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 29 November 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 20 November 1978. The Board found that you received two
nonjudicial punishments (NJP's) for eight days of unauthorized
absence (UA) and having alcoholic beverages in the barracks. You
also were convicted by special court-martial (SPCM) of two
periods of UA totaling 71 days and two specifications of failure
to go to your appointed place of duty. You were sentenced to
confinement at hard labor and a reduction in paygrade.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). Your case was
forwarded and the separation authority directed your separation
under other than honorable conditions by reason of misconduct.
You were so discharged on 26 March 1982.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
your two NJP’s and conviction by SPCM. The Board also noted that
you waived your right to an ADB, your best chance for retention
or a better characterization of service. 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.
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,
\ yeas
W. DEAN P
Executive
NAVY | BCNR | CY2010 | 11921-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 2011. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct. 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 | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 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 | 05700-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. On 6 April 1973, you were convicted by special court-martial (SPCM) of two instances of unauthorized absence (UA) from your unit for a period totaling 141 days. 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 | CY2011 | 00931-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. With regard to your request to have your discharge date changed to 21 April 1990, please be advised that your request is for an administrative...
NAVY | BCNR | CY2010 | 12208-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 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 | 04222-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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 | CY2010 | 03805-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 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,...
NAVY | BCNR | CY2010 | 06287-10
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2010 | 10658-10
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 20 October 1978, you received NIP for being UA for three days. 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 | CY2009 | 11410-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...