DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5886-13
12 June 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 4 June 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 August 1977 at age 18. You received nonjudicial
punishment (NJP) on seven occasions for two instances of failure
to obey a lawful written order, three instances of unauthorized
absence (UA) from your unit for periods totaling nine days,
disorderly conduct, failure to obey a lawful order froma
commissioned officer and failure to go to your appointed place
of duty. On 8 January 1981, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (frequent involvement}. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 13 January 1981, you
received NJP for UA from your unit for a period of six days.
On 26 January 1981, once again you received NJP for failure to
go to your appointed place of duty. On 6 February 1981, you
received the OTH for misconduct (frequent involvement).
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 and repetitiveness of
your misconduct that resulted in nine NJPs. The Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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,
ee Gow
ROBERT D. 2
Acting Executive Director
NAVY | BCNR | CY2013 | NR4244-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . 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 material error or injustice.
NAVY | BCNR | CY2010 | 06287-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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 policies. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2007 | 07999-07
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.On 17 September 1980, you enlisted in the Navy at age 17 with parental consent with an enlistment...
NAVY | BCNR | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 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 | CY2013 | NR3860-13
A three-member panel of the Board for Correction of Naval _ Records, sitting in executive session, considered your ; application on 19 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 | CY2013 | NR5901 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 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 | CY2006 | 06405-06
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.On 7 July 1978 you enlisted in the Navy at age 18, and on 31 October 1978 you received nonjudicial...
NAVY | BCNR | CY2001 | 02994-01
Dear This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 15 November 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. during the nine month period from November 1979 to December...
NAVY | BCNR | CY2009 | 05281-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 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. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).
NAVY | BCNR | CY2009 | 02963-09
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 waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). 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...