DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
JDR
Docket No: 4014-14
7 April 2015
cear
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.
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
31 March 2015. 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, began a period of active duty
on 5 July 1967, and satisfactorily served without incident for
about eight months. However, on 7 March 1968, you received
nonjudicial punishment (NJP) for a four day period of
unauthorized absence. During the period from 21 June to
25 July 1968, you received two civilian convictions for
operating a motor vehicle without the owners’ consent.
Subsequently, administrative separation action was initiated by
reason of misconduct. After consulting with legal counsel, you
‘A 2
elected your procedural right to present your case to an
administrative discharge board (ADB). On 25 May 1970, the ADB
recommended an undesirable discharge by reason of misconduct,
and on 26 June 1970, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to upgrade your
discharge. It also considered your assertion that your
characterization of service was too harsh. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant an
upgrade of your discharge given your misconduct which resulted
in two civilian convictions and three NUPs. 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR7771 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2015. 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. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
NAVY | BCNR | CY2007 | 09234-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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...
NAVY | BCNR | CY2009 | 02720-09
_ 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 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...
NAVY | BCNR | CY2010 | 02157-10
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 30 January 1969, shortly after being released from confinement, you began another period of UA that was not terminated until you were apprehended on 8 April 1969, On 19 May 1969 you were again UA for a three day. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2009 | 07490-09
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. The record does not reflect the disciplinary action taken, if any, for this 56 day 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 | CY2013 | NR4068-13
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 | CY2009 | 01298-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 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 of injustice. Your request for discharge was granted and on 19 December 1972, you received an other than honorable discharge for the good of the service in lieu of trial...
NAVY | BCNR | CY2014 | NR1998 14
A ‘three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015. ~ 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. ' In this regard, you submitted a request for a general discharge based on your overall record of service, -However,; an ADB and your...
NAVY | BCNR | CY2006 | 07352-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2007. 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 | CY2010 | 02638-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. Further, Marines with an extensive record of misconduct, such as yours, who are discharged by reason of unfitness normally receive discharges...