DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4572-13
22 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 16 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 1 May 1978 at age 18. You received nonjudicial
punishment on three occasions for two instances of wrongful
possession of marijuana and failure to cbey a lawful regulation.
On 26 March 1980, you were convicted by summary court-martial
(SCM) of failure to go to your appointed place of duty. On 31
August 1980, you were convicted by special court-martial (SPCM)
of assault, insubordinate conduct toward a noncommissioned
officer and using disrespectful language toward a
noncommissioned officer. The sentence imposed was restriction,
reduction in paygrade and a forfeiture of pay. On 8 October
1980, you were convicted by SPCM of two instances of using
disrespectful language toward a female noncommissioned officer,
assault, and threating a noncommissioned officer. The sentence
imposed was confinement at hard labor, a forfeiture of pay anda
bad conduct discharge (BCD). On 15 January 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, an SCM and two SPCMs.-- 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,
x RAB Go
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2009 | 02100-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2009. Documentary material considered by the Board consisted of your application, together with all materiai 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 | CY2014 | NR0172 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2014. On 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to your appointed place of duty. 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 | CY2014 | NR172 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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. On 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to...
NAVY | BCNR | CY2013 | NR4097-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2014. On 11 June 1986, you received the BCD after. 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 | NR3840-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 12 March 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 | 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 | CY2012 | 01145 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2010 | 03541-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. 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 | 05796-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2002 | 05345-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 29 July 1980 you were convicted by a special court-martial of two periods of unauthorized absence totaling 131 days, from 31 You were sentenced to confinement at hard January to 26 March 1980 and 28 April to 14 July...