DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 2844-11
9 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 7 December 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 19 September 2000 at age 18. On 10 January 2003, you
received nonjudicial punishment (NJP) for wrongful use of
marijuana. On 22 July 2003, you were convicted by special court-
martial (SPCM) of three instances of wrongful use of marijuana.
The sentence imposed was confinement for 75 days, a forfeiture of
pay, reduction in paygrade and a bad conduct discharge (BCD).
On 6 March 2006, you received the BCD after appellate review was
complete.
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
of your discharge given the seriousness of your misconduct that
resulted in a NUP and a SPCM conviction. Concerning your alleged
back injury, there is no indication in the record that such
problem, if they existed at the time of your service, was so
serious as to excuse you of responsibility for your actions or
was sufficiently mitigating to warrant recharacterization.
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,
\S
W. DI
Executive Dir
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 | 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 | CY2010 | 06074-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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 | 08038-10
Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 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. On 16 January 1993, after appellate review, you were so discharged.
NAVY | BCNR | CY2010 | 11326-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 July 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 | CY2011 | 11283-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 2011. Documentary material considered by the Board consisted of your application, together with ail 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 | 10716-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 August 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. The discharge authority directed the execution of your BCD.
NAVY | BCNR | CY2011 | 00920-11
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. The Board found that you received three nonjudicial punishments (NJP’s) for three periods of unauthorized absence (UA) totaling nine days, wrongful use of marijuana, and six instances of failing to go to your appointed place of duty (restricted muster}. Consequently, when applying for a...
NAVY | BCNR | CY2011 | 00257-11
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, 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 four NUP’s and SPCM conviction of very serious drug related offenses. Consequently, when applying for...
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...