DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5602-12
22 March 2013
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 20 March 2013. 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 Navy and began a period of active duty on
18 October 1977 at age 18. You received nonjudicial punishment
(NUP) on two occasions for wrongful possession of marijuana,
using provoking words and gestures and assault. On 7 March
1978, you were convicted by special court-martial (SPCM) of
unauthorized absence (UA) from your unit for a period of 436
days. The sentence imposed was confinement, forfeiture of pay,
reduction in paygrade and a bad conduct discharge (BCD). On
12 May 1980, you again received NJP for UA from your unit for a
period of 15 days. On 8 February 1982, you received the BCD
after appellate review was complete.
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 three NJPs, a SPCM and periods of UA totaling over
one year and three months. 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,
TSS Rok
ROBERT D. 4SALMAN
Acting Executive Director
NAVY | BCNR | CY2012 | 01648-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013.
NAVY | BCNR | CY2012 | 04339-12
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. Additionaily, 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 | CY2012 | 05391 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. A review of your discharge was completed by the Naval Discharge Review Board (NDRB). 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 | 03943-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. 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 injwetice.
NAVY | BCNR | CY2012 | 03256-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2013. 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 | CY2012 | 04128-12
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. In February 1980 you were advised that administrative separation action had been initiated by reason of misconduct, but held in abeyance pending a medical evaluation for alcohol abuse. You were sentenced to confinement at hard labor for two months, a $598 forfeiture of pay, and a...
NAVY | BCNR | CY2012 | 03984-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. On 20 June 1970, you were convicted by a special court-martial (SPCM) of willfully disobeying a lawful order from a commissioned officer and two incidents of assaulting a fellow Marine. 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...
NAVY | BCNR | CY2012 | 03895-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2013. On 30 August 1988, you were convicted by special court-martial of two instances of UA from your for a period of 466 days. 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 | 04055-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. The discharge authority directed the execution of your BCD. records .
NAVY | BCNR | CY2012 | 07274-12
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in two NJP’s, two SPCM convictions of very lengthy periods of UA, charges being preferred to a court-martial for periods of UA totaling...