DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
‘Docket No: 4056-11
18 January 2012
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 12 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 24 July 1995 at age 20. You received nonjudicial
punishment (NJP) on two occasions for drinking alcoholic
beverages while under the legal age and drunken and reckless
operation of a motor vehicle. On 18 March 1999, you were
convicted by general court-martial (GCM) of one instance of
conspiracy to wrongfully possess or distribute Marijuana, three
instances of conspiracy to wrongfully use marijuana, two
instances of conspiracy to wrongfully distribute marijuana, eight
instances of wrongful possession, use, and distribution of
marijuana, and two instances of soliciting another to wrongfully
purchase or possess marijuana. The sentence imposed was 20
months confinement, a forfeiture of pay, reduction in paygrade
and a bad conduct discharge (BCD). On 29 January 2002, 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 two NJPs and a GCM conviction. 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.
odes
y ‘sw PHEI
Executive Di
NAVY | BCNR | CY2011 | 05888-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 March 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 | CY2009 | 00368-09
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 3 April 1989, you were sentenced at a general court-martial (GCM) for wrongfully introducing aboard the Marine Corps Air Ground Combat Center, Twentynine Palms, California 19.35 grams of marijuana, with the intent to distribute, wrongful use of marijuana and wrongful use of amphetamine...
NAVY | BCNR | CY2010 | 10458-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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 | 08869-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 | CY2009 | 00431-09
0 application on 4 November 2009. nt 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 or injustice.
NAVY | BCNR | CY2011 | 05774-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. The Board found that during the period from 24 January to 18 September 1973, you received five nonjudicial punishments (NJP’s) for unauthorized absence (UA), two instances of wrongful possession of marijuana, introduction of marijuana onboard ship, six instances of being absent from your appointed place of duty, insubordinate conduct, disobedience,...
NAVY | BCNR | CY2008 | 04254-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 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 18 October 1983, you had NUP for use of marijuana.
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 | CY2011 | 06198-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 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 | CY2013 | NR6613 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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...