DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7546-12
15 May 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 8 May 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 Marine Corps and began a period of active
duty on 27 January 1987 at age 21. On 7 June 1988, you were
convicted by special court-martial (SPCM) of four instances of
unauthorized absence (UA) from your unit for a period totaling
329 days. The sentence imposed was confinement, a forfeiture of
pay and a bad conduct discharge (BCD). On 6 December 1989, 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 a SPCM and periods of UA totaling over 10 months.
Finally, there is no provision of law or in Navy regulations
that allows for recharacterization of service due solely to the
passage of time. 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,
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. On 12 May 1980, you again received NJP for UA from your unit for a period of 15 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 | CY2013 | NR3616 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2013. On 7 July 1971, you were convicted by summary court-martial (SCM) of unauthorized absence (UA) from your unit for a period of two 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2013. On 16 October 1986, you were convicted by special court-martial of two instances of UA from your unit for a period totaling 426 days and missing ship’s movement. 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.
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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.
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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.
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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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2013. 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 reenlisted in the Navy on 25 January 1985 after more than three years of prior honorable service. Consequently, when applying for a correction of an...
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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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
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