DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 5203-12
17 July 2013
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 July 2013. The names and votes of the
members of the panel will be furnished upon request. 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 pela material error or
injustice.
You enlisted in the Marine Corps on 21 April 2002 and immediately
began a period of active duty. You served without disciplinary
incident until 2 October 2002, when you received nonjudicial
punishment (NJP) for impersonating an officer with the intent to
defraud to steal a car, and soliciting another to commit an
offense with the intent to steal a car. Nearly a year later, on
25 September 2003, you received NUP for assault.
On 2 September 2005 you were convicted by general court-martial
(GCM) of 63 specifications of uttering bad checks due to
insufficient funds in the amount of $18,865.78, having sexual
intercourse with a woman who was not your wife, making a false
official statement, escaping custody, and a five day period of
unauthorized absence. You' were sentenced to confinement for 42
months, forfeiture of all pay and allowances, and a bad conduct
discharge (BCD). A portion of your sentence, specifically, 18
months of confinement and $2,470.34 of forfeitures were suspended
for 12 months. Nonetheless, the BCD was subsequently approved at
all levels of review, and on 6 June 2006, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in two NJPs, a GCM, and your discharge. Finally, no
discharge is upgraded due solely to an individual’s good post
service conduct. Accordingly, your application has been denied.
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,
WQaneks
W. DEAN PF
Executive rackpr.
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 | CY2013 | NR2679-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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 | CY2010 | 07221-10
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. At the time of your service, a conduct average of 3.25 was required 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 existence of probable material error or injustice.
NAVY | BCNR | CY2012 | 03821-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. 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 GCM conviction of very serious offenses’ Accordingly, your application has been denied. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2010 | 09290-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 May 2011. The discharge authority directed the execution of your 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 | CY2009 | 01991-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2009. On 24 February 1959, you were convicted at a general court-martial (GCM) for being UA for a period of 108 days and sentenced to a forfeiture of all pay and allowances, confinement at hard labor for six months and to receive a bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2002 | 00212-02
A'three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2002. 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. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently,...
NAVY | BCNR | CY2002 | 05407-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. review, you were so discharged on 15 September 1976. 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 | CY2010 | 06182-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 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 | CY2009 | 00368-09
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 3 April 1989, you were sentenced at a general court-martial (GCM) for wrongfully introducing aboard the Marine Corps Air Ground Combat Center, Twentynine Palms, California 19.35 grams of marijuana, with the intent to distribute, wrongful use of marijuana and wrongful use of amphetamine...