Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR5390 13
Original file (NR5390 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 5390-13
21 May 20134

 

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 14 May 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 17 March 1993, at age 20. On 26 July 1995, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. On 7 January 1996, you were convicted by special
court-martial (SPCM) of wrongful.use of marijuana and two
instances of wrongful intent to influence the results of your
urinalysis test. The sentence imposed was confinement, a
forfeiture of pay, reduction in paygrade and a bad conduct

discharge (BCD). On 18 November 1997, 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 an NUP and an SPCM. Finally, there is no provision
of law or in Marine Corps 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,

7 Reh De

ROBERT D. ZSALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2013 | NR4558 13

    Original file (NR4558 13.pdf) Auto-classification: Denied

    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 | CY2011 | 01174-11

    Original file (01174-11.pdf) Auto-classification: Denied

    BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 26 October 2011. 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 | CY2010 | 04755-09

    Original file (04755-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2010. Nevertheless, these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct and your lengthy periods of UA from the Marine Corps which resulted in three NJPs and a SPCM. Consequently, when applying for a correction of an official naval record, the burden is on the’ applicant to...

  • NAVY | BCNR | CY2009 | 11385-09

    Original file (11385-09.pdf) Auto-classification: Denied

    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 received nonjudicial punishment (NJP) on two occasions for failure to go to your appointed place of duty and unauthorized absence (UA) from your unit for a period of four days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2013 | NR3616 13

    Original file (NR3616 13.pdf) Auto-classification: Denied

    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.

  • NAVY | BCNR | CY2013 | NR1472 13

    Original file (NR1472 13.pdf) Auto-classification: Denied

    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. On 8 April 1987, you were again convicted by SPCM of five instances of unauthorized absence from your unit for a period totaling 26 days, failure to go to...

  • NAVY | BCNR | CY2009 | 00719-09

    Original file (00719-09.pdf) Auto-classification: Denied

    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,. 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...

  • NAVY | BCNR | CY2010 | 07269-10

    Original file (07269-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 07269-10 31 March 2011 This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 30 March 2011. Documentary material considered by the Board consisted of your...

  • NAVY | BCNR | CY2010 | 08544-10

    Original file (08544-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2011. 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 | CY2010 | 06035-10

    Original file (06035-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...