DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03691-13
24 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 22 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 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 22 November 1961. The Board found that on 11 May 1962,
you received nonjudicial punishment (NIP) for dereliction of
duty. On 17 May 1962, you were convicted by summary court-
martial (SCM) of four days of unauthorized absence (UA). During
the period from 4 January to 18 July 1963, you received three
NJP’s for four periods of UA and disobedience. On 7 August 1963,
you were convicted by a second SCM of UA and breaking
restriction. On 9 September 1963 and 31 January 1964, you
received NUP for UA, drunk and disorderly conduct and breaking
restriction. On 19 March 1964, you were convicted by special
court-martial (SPCM) of two specifications of leaving your post
before being properly relieved. On 10 June 1966, you signed an
administrative remarks page informing you, in part, that you were
not being recommended for reenlistment due to receiving below
average conduct marks which were insufficient for an honorable
discharge. On 18 June 1966, you received your seventh NJP for
failing to go to your appointed place of duty. On 7 July 1966,
you received a general discharge from active duty by reason of
convenience of the government due to general demobilization.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your seven NUP’s, two
SCM’s, conviction by SPCM and failure to attain the required
average in conduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
With regard to your request to have your record corrected to
reflect that you received an award for combat in Vietnam on your
Armed Forces of the United States Report of Transfer or Discharge
(DD Form 214), the Navy Personnel Command, Retired Records
Section, PERS 312B, Room 354, 1 Archives Drive, St. Louis MO,
63138, forwarded you a transmittal of Entitlement to Awards dated
11 June 2012, informing you of the awards you are entitled to. I
have enclosed a copy for your information.
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,
RD Ge
ROBERT D. Z45ALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2006 | 11044-06
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 18 Nay 1960 at age 18. You were sentenced to confinement at hard...
NAVY | BCNR | CY2009 | 02609-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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. On 10 October 1962, you received NJP for UA from your unit.
NAVY | BCNR | CY2010 | 05407-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 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. On 4 February 1964, you received NUP for UA from your unit.
NAVY | BCNR | CY2011 | 04061-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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 | 00989-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2009. You received confinement and a forfeiture of pay. 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 | 00116-07
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 28 February 1959 at age 19. Nevertheless, the Board concluded...
NAVY | BCNR | CY2010 | 03926-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 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 requested suspension of the BCD and restoration to earn an honorable discharge.
NAVY | BCNR | CY2009 | 01596-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. 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...
NAVY | BCNR | CY2008 | 10638-08
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. Furthermore, on 25 February 1964, you received another NJP for UA. Consequentiy, 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 | 00740-09
Naval - Records, sitting in executive session, considered your |... application on 28 October 2009. On 13 October 1964, administrative discharge action was initiated by reason of misconduct due to unfitness. by the Board... .