DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5885-11
22 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 14 March 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 August 1968 at age 18. On 6 September 1968, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) from your unit. On 13 September 1968, you were UA from
your unit until you were apprehended on 14 September 1968 by
civil authorities in Moriarty, North Dakota, and charged with
interstate transportation of a stolen motor vehicle. On
11 October 1968, you were convicted of interstate transportation
of a stolen motor vehicle and confined for treatment and
supervision by the Youth Corrections Division of the Board of
Parole. On 11 November 1968, you were notified of pending
administrative discharge processing with an undesirable
discharge (UD) due to misconduct (civil conviction). You waived
all of your procedural rights, including your Fight £O at
administrative discharge board (ADB). On 31 January 1969, you
received the UD for misconduct (civil conviction). On 9
November 1977, the Department of Defense Discharge Special
Discharge Review Board (SDRB) changed the characterization of
your UD to general under honorable conditions.
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 an NUP and a civil conviction. Finally, the Board
noted that your characterization of service was changed to
general under honorable conditions by the SDRP, but concluded
that a further change was not warranted. 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,
Ly Baws
W. DEAN L
Executive ™ tor
NAVY | BCNR | CY2011 | 04350-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 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. On 21 September 1973, you were released to civil authorities for confinement as a result of the theft conviction.
NAVY | BCNR | CY2011 | 00553-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 probable...
ARMY | BCMR | CY2012 | 20120009611
The applicant states that after returning home from his service in the Republic of Vietnam he had a hard time coping with stateside duty and the way civilians seemed to hate the Soldiers who served in Vietnam. The civilian court sentenced him to be placed on 5 years probation. The applicant was discharged under the provisions of Army Regulation 635-206, by reason of a civil conviction.
NAVY | BCNR | CY2002 | 00632-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. 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. CNP further directed that you be advised that you were being placed in a probationary status for a period of 12 months and that the CO was authorized to...
NAVY | BCNR | CY2009 | 02103-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2010. 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. You elected to have your case heard by an administrative discharge board (ADB), which voted three to zero in favor of an under other than honorable...
NAVY | BCNR | CY2008 | 08130-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. A special court-martial convened on 26 February 1965 and convicted you of two periods of unauthorized absence totaling about 140 days and conduct...
ARMY | BCMR | CY2012 | 20120006703
On 7 May 1963, his commander recommended he be discharged from the service under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct), paragraph 22a, with an undesirable discharge (UD) for a civil conviction. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. ABCMR Record of Proceedings (cont) AR20120006703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...
NAVY | BCNR | CY2002 | 05181-01
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 circumstances of your case, the Board concluded your discharge was proper as issued and no change is warranted. 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 | 05344-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2008 | 03424-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 12 May 1969, you were convicted by a SPCM of the 48 day period of UA.