DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RCAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02441-13
26 February 2014
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 25 February 2014. 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 31 July 1974. The Board found that on. 21 July 1976, you
received nonjudicial punishment (NJP) for disobedience. On.
8 December 1976, you were convicted by special court-martial
(SPCM) of disobedience and willfully damaging government
property. You were sentenced to a reduction in paygrade, a-
forfeiture of pay, confinement at hard labor, and a bad conduct
discharge (BCD}. However, on 15 January 1977, the convening
authority suspended your confinement at hard labor and BCD fora
period of six months. During the period from 24 May to 8 August
1977, you received three additional NJP’s for disobedience,
disrespect, two periods of unauthorized absence (UA) totaling
12 days and breaking restriction. Subsequently, you were
notified of pending administrative separation action by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. After being advised of your
procedural rights, you waived the right to an administrative
discharge board (ADB). On 4 November 1977, you received a ‘fifth
NIP for 35 days of UA. On 16 November 1977, your Case Was
forwarded recommending you receive an OTH discharge. On
29 November 1977, the separation authority directed discharge
under OTH conditions by reason of misconduct. You were so
discharged on 28 December 1977.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your five NUP‘s, one of which was
after you were notified that you were being administratively
separated from the Marine Corps, SPCM conviction of very serious
offenses, and the fact that you were given and opportunity for
retention, and to earn a better characterization of service when
your adjudged BCD was suspended for six months. The Board also
noted that you waived an ADB, again, 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,
TRS, Fa
_ ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR8881 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR4009 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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 | CY2008 | 00171-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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 | CY2002 | 02884-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. duty for 14 days. However, this request was denied and on 9 May 1979, after the BCD was approved at all levels of review, you were so discharged.
NAVY | BCNR | CY2008 | 07523-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 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. 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 | CY2005 | 04643-05
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 on 1 December 1975 at age 19. Subsequently, on 15 November 1977, the...
NAVY | BCNR | CY2013 | NR4986-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge...
NAVY | BCNR | CY2013 | NR8164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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...
NAVY | BCNR | CY2010 | 01415-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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. On 25 June 1973 you received NUP for six periods of absence from your appointed place of duty and a one day period of UA.
NAVY | BCNR | CY2013 | NR8333 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 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...