DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 05310-11
1 March 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 28 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 enlisted in the Marine Corps and began a period of active
duty on 27 December 1979. The Board found that on 11 December
1980 and 29 April 1981, you received nonjudicial punishment
(NJP) for assault, and drunk and disorderly conduct. During the
period from 30 July to 6 November 1981, you were in hands of
civil authorities for missing a court date. On 5 and 6 November
1981, you pled and were found guilty of assault with a deadly
weapon. It appears you returned to your command and during the
period from 9 November to 22 December 1981, you received three
additional NJP’s for two instances of failure to go to your
appointed place of duty and two instances of disobedience.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities. After being advised of your procedural rights, you
waived the right to an administrative discharge board (ADB). On
11 May 1982, your commanding officer forwarded your case
recommending separation due to misconduct. On 4 June 1982, the
separation authority concurred and directed discharge under
other than honorable conditions by reason of misconduct. The
record shows that you were a hospital inpatient due to a grenade
explosion, from 11 June to 6 July 1982. On 7 July 1982, you
received a sixth NUJP for failure to go to your appointed place
of duty and disobedience. Although the facts were not found in
your record, it appears you were once again in hands of civil
authorities from 20 to 23 August 1982. You were discharged with
an other than honorable characterization of service on 1 October
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 six NJP’s and involvement with civil
authorities. The Board also noted that you waived 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,
\y
W. DEAN P
Executive Bi ctor
NAVY | BCNR | CY2007 | 09916-07
A three-member panel of the Board for Correction of Naval Records, sitting in execlitive session, considered your application on 25 November 2008. Additionally, you were counseled and warned that further misconduct could result in administrative discharge) action. a records.
NAVY | BCNR | CY2006 | 08109-06
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 22 May 1980 at age 18. on 11 June and 10 December 1981 you received...
NAVY | BCNR | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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...
NAVY | BCNR | CY2006 | 07996-06
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 11 January 1980 at age 17. on 18 December 1980 you received nonjudicial...
NAVY | BCNR | CY2002 | 09689-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2003. 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. discharge authority...
NAVY | BCNR | CY2006 | 05685-06
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 4 January 1980 at age 17 with parental consent. However, on 6 and 20...
NAVY | BCNR | CY2009 | 03265-09
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 2 May 1983, administrative discharge action was initiated to separate you by reason of Misconduct due to drug abuse. 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 | CY2006 | 06827-06
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.On 28 October 1981 you enlisted in the Marine Corps at age 18. On that same date, you were separated...
NAVY | BCNR | CY2001 | 01759-01
material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, Documentary regulations and policies. officer recommended discharge under other than honorable conditions by reason of misconduct due to frequent involvement. 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 | CY1999 | 06760-99
6760-99 18 February 2000 Dear This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 February 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the...