Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 05873-11
Original file (05873-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-51900

 

RDZ:ecb
Docket No. 05873-11
6 October 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 5
October 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 11 September 2000 for a term of
four years. Unfortunately you only served for about one year and
three months when you were discharged for committing a serious
military offense. Specifically you became an unauthorized absentee
from June to the end of September of 2001. Furthermore this 112 day
of vnauthorized absence was not terminated by your voluntary
surrender but only when you were apprehended by civil authorities.

In its review of your application the Board concluded that in view
of the seriousness of your offense you were properly issued an other

than honorable discharge and that it shouid not be upgraded now as
a matter of clemency.
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,

Similar Decisions

  • NAVY | BCNR | CY2011 | 00754-11

    Original file (00754-11.pdf) Auto-classification: Denied

    An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the exiatence 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 | 06566-11

    Original file (06566-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2011. When you were informed that you were being recommended for administrative separation with an OTH you waived your right to appear before an administrative discharge board where with the assistance of a military lawyer your could have argued for retention or a better discharge. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2011 | 02245-11

    Original file (02245-11.pdf) Auto-classification: Denied

    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 did-not consider whether to upgrade your discharge or change the reason for separation because you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official naval record, the...

  • NAVY | BCNR | CY2011 | 01045-11

    Original file (01045-11.pdf) Auto-classification: Denied

    Your case you be discharged under other by reason of misconduct .. The directed an OTH discharge by of a serious offense. 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 | 00259-11

    Original file (00259-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.

  • NAVY | BCNR | CY2011 | 00257-11

    Original file (00257-11.pdf) Auto-classification: Denied

    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 | CY2011 | 02052-11

    Original file (02052-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 2011. Six days later, on 26 August 1988, you received NUP for dereliction of duty, absence from your appointed place of duty, and four specifications of failure to obey a lawful order. 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 | 11360-10

    Original file (11360-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _application on 9 August 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 29 October 1991 an ADB recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and commission of a...

  • NAVY | BCNR | CY2011 | 00460-11

    Original file (00460-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 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...

  • NAVY | BCNR | CY2011 | 00148-11

    Original file (00148-11.pdf) Auto-classification: Denied

    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. On 14 August 1989, the ADB found that you committed misconduct and recommended that you be separated with an OTH discharge.