DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2450
SJN
Docket No: 02679-13
2 April 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 1 April 2014. 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 probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 21 April 1978. The Board found that during the period
from 26 June 1978 to 21 March 1979, you received four nonjudicial
punishments (NJP's). for three instances of assault, and two
instances of disobedience. On 4 October 1979, you were convicted
by general court-martial (GCM) of conspiring to rob another
Marine and larceny. You were sentenced to a reduction in
paygrade, a forfeiture of pay, confinement at hard labor, anda
dishonorable discharge (DD). On 24 November 1980, you were
convicted by a second GCM of pointing a cocked and loaded pistol
at the head of another Marine, stealing his money and assault.
You were sentenced to six years confinement at hard labor,
forfeiture of all pay and allowances, a reduction in paygrade and
a DD. However, on 5 February 1981, the convening authority
approved one year confinement at hard labor, forfeiture of all
pay and allowances, a reduction in paygrade and a bad conduct
discharge (BCD). You received the BCD on 18 September 1984 after
appellate review was completed.
a ef
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. 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 four NUP’s and
GCM convictions of very serious offenses. 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.
2 od.
ROBERT D. incmnae- len SALMAN
Acting Executive Director
NAVY | BCNR | CY2001 | 04465-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 2001. 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. The record does not indicate if any disciplinary action was taken for this period of UA. good post service conduct, and your However, the Board concluded these...
NAVY | BCNR | CY2009 | 02317-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 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. You served without disciplinary infraction until 5 March 1979, when you began a period of unauthorized absence (UA) that was not terminated...
NAVY | BCNR | CY2013 | NR4572 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 | CY2007 | 07821-07
You were sentenced to a reduction in paygrade, confinement at hard labor, and a forfeiture of pay. On 16 January 1980, you were convicted by a second SPCM of two specifications of UA totaling 186 days and assault with a deadly weapon. 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 | NR4660 13
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 a change in your characterization of service given-your NUP, SPCM conviction, and failure to attain the required average in conduct. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2013 | NR4632 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2014. The Board also noted that you were fortunate to have been retained on active duty to earn a better characterization of service after your second SPCM for a very lengthy period of UA. 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 | CY2007 | 09236-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct and discharge were the result of you being under the influence of alcohol, and that you were not offered treatment for your alcohol abuse. Consequently, when applying for a...
NAVY | BCNR | CY2003 | 00142-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. On 16 October 1980 an ADB recommended discharge under other than honorable conditions by reason of misconduct. 2 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 | NR2807-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 $. A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 12 February 2014. Board consisted of your application, together with all material submitted in Support thereof, your naval record, and applicable statutes, regulations, and policies.
NAVY | BCNR | CY2013 | NR2688-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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...