DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05071-11
21 February 2012
This 18 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 15 February 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 entered active duty service in the Marine Corps on 3 March
1956, and served without disciplinary incident until 23 August
1956, when you were convicted at a special court-martial (SPCM)
of an unauthorized absence (UA) for three days and breaking
restriction. Shortly thereafter, you received the following
disciplinary action: on 10 July 1957, you received nonjudicial
punishment (NUJP) for disrespect; on 18 July 1959, you received
NJP for disobeying a lawful order, and being intoxicated In
public; on 10 September 1959, you were convicted at a summary
court-martial (SCM) of failing to obey a lawful order, forging a
liberty pass, and stealing a liberty box; and on 17 December
1959, you were convicted at a SPCM of larceny and a general order
violation. You were pending a court-martial for UA and
disrespect. You requested an other than honorable (OTH)
characterization of service to escape trial by court-martial. At
that time, you consulted with counsel and acknowledged the
consequences of such a discharge. Therefore, on 15 January 1960,
you were separated with an OTH discharge and an RE-4 reenlistment
code, in lieu of trial by court-martial. As a result of this
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that you were never convicted of a felony or at
a court-martial. However, the Board concluded that in fact, you
were convicted at three courts-martial and that your claims were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Furthermore, the
Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. The Board also concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now. 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,
W. DEAN seeekd
Executive Divettor
NAVY | BCNR | CY2011 | 05275-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 February 2012. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY2001 | 02060-00
On 3 January 1959 you received NJP for failure to go to your appointed place of duty. thereafter, on 27 February 1959, you were convicted by SCM of The punishment imposed was reduction to - absence from your appointed place of duty and were sentenced to hard labor for 35 days. concluded these factors were not sufficient to warrant a change in your discharge given your frequent misconduct, which resulted in nine NJPs and two court-martial convictions, and since your conduct average was...
NAVY | BCNR | CY2009 | 11655-09
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 16 September 1960, after appellate review, you were separated with a 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 | CY2002 | 06645-01
DEPARTMENTOFTHE NAVY BO ARD FOR CORRE CT ION OF N AV AL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TJR Docket No: 6645-0 1 13 May 200 2 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. sitting in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 7 May 2002. injustice were reviewed in accordance with...
NAVY | BCNR | CY2008 | 10973-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON BC 20370-5100 TUR Docket No: 10973-08 20 August 2009 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. 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. ...
NAVY | BCNR | CY2010 | 09625-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 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 | CY2006 | 06450-06
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 Navy on 27 December 1956 at age 17 with parental consent. On 23 December 1959 you...
NAVY | BCNR | CY2011 | 02723-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct,...
NAVY | BCNR | CY2002 | 10251-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2003. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2012 | 05919-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 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...