DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01089-12
3 December 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 29 November 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 28 March 1985. During the period from 3 June to 14 March
1986, you received three nonjudicial punishments (NUP’s) for
assault, two periods of unauthorized absence (UA) and drunk and
disorderly conduct. On 25 August and 3 september 1986, you were
counseled and warned that further misconduct could result in
administrative discharge action. On 8 september and 27 October
1986, you were convicted by summary courts-martial (SCM) of UA,
five specifications of disrespect, displaying conduct of a nature
to bring discredit upon the armed forces, and two specifications
of disobedience. Subsequently, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 22 November 1986, your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority concurred and directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. You were so
discharged on 24 December 1986,
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 concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJP’s and two SCM convictions, and the fact that
you were counseled and warned of the consequences of further
misconduct. The Board also noted that you waived the right to 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,
BRIAN J. GEORGE
Head, Discharge Section
NAVY | BCNR | CY2010 | 03773-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2011. On 9 November 1990 you were so discharged. 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 | CY2012 | 00286-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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 9 May 1986, you received NUP for being UA for one day.
NAVY | BCNR | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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 | CY2011 | 04085-11
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your > application on 25 January 2012. 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 a civil conviction, an NJP and two SCMs. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2012 | 00207 12
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 9 March 1984, you were counseled and warned that further misconduct could result in administrative discharge action. 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 | CY2008 | 05961-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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. Regarding your contentions, there is no evidence in the record to show that you ever requested or were denied treatment for alcohol abuse, but...
NAVY | BCNR | CY2011 | 01507-11
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 discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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 | CY2012 | 00652 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 October 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 | 03355-09
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 8 September 1986, the discharge authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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...
NAVY | BCNR | CY2011 | 04211-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...