DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7014S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 02274-11
23 January 2012
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 18 January 2012. 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 27 May 1980. On 5 October 1983, you were convicted by a
summary court-martial (SCM) of wrongful possession and use of
Marijuana. You were sentenced to a forfeiture of $488, and
reduction in pay grade. On 17 May 1984, you were convicted by a
special court-martial (SPCM) of violating a lawful general
order, wrongful use of marijuana, and two incidents of wrongful
possession of marijuana. You were sentenced to forfeiture of
$600, confinement at hard labor for 60 days, and reduction in
pay grade. You were informed that you would receive a general
discharge at the expiration of your term of active obligated
service and were not recommended for reenlistment. The
discharge authority directed a general discharge. You were so
discharged on 20 June 1984.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were
not sufficient to warrant any change in your character of
service, given your record of convictions by an SCM, and an SPCM
of misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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,
Yo beat
W. DEAN I
Twecutive i tor
NAVY | BCNR | CY2010 | 11984-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 10 August 2011. The sentence imposed wag confinement for 45 days, a forfeiture of pay and a bad conduct discharge (BCD). 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 | CY2012 | 00207 12
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 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2008 | 07498-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. It also considered your assertion that you were told that you were being discharged under an “early-out” program and that your discharge would be automatically upgraded six months after your separation from the Marine Corps. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 05707-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2003. You were sentenced to confinement at hard labor for three months, a $1,200 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). 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 | 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 | CY2009 | 11635-09
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 7 May 1984, administrative discharge action was initiated by reason of misconduct. On 10 July 1984, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an under other than honorable discharge due to misconduct for drug abuse.
NAVY | BCNR | CY2009 | 03990-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2010. 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 | CY2001 | 04300-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2001. 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 | CY2009 | 02100-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2009. Documentary material considered by the Board consisted of your application, together with all materiai 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 | CY2012 | 00374-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your of your application, together with all material submitted in Support thereof, your naval record, and applicable statutes, regulations, and policies. On 24 July 1973, you were convicted by special court-martial (SPCM) of wrongful possession of 632 grams of Marijuana. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...