DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 7674-14
20 July 2015
dear as
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. The application was filed in
a timely manner.
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
7 July 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 and began a period of active
duty on 3 February 1982. You served for about 10 months without
disciplinary incident, but during the period from 9 December
1982 to 27 July 1984, you received four nonjudicial punishments
(NJP). Your offenses were unauthorized absence (UA) for four
days, absence from your appointed place of duty, wrongful use of
provoking words, assault, and disrespect.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. After waiving your procedural rights, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. The discharge authority approved this
recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on
5 September 1984, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that your
discharged was inequitable. Nevertheless, the Board concluded
that these factors were not sufficient to warrant relief given
your misconduct. In this regard, the Board concluded that the
severity of your misconduct outweighed your desire to upgrade
your discharge and assertion that your discharge was
inequitable. 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 | NR7371 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. 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 | CY2014 | NR7285 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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. 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 | CY2014 | NR6853 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2015. 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 error...
NAVY | BCNR | CY2014 | NR5425 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 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. Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct.
NAVY | BCNR | CY2014 | NR3901 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR6971 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 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. On 15 April and 30 May 1986, you received (NUP) for two specification of failing to obey a lawful order, a period of four days of UA, and...
NAVY | BCNR | CY2014 | NR6299 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2015. 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 error...
NAVY | BCNR | CY2014 | NR4932 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence...
NAVY | BCNR | CY2014 | NR5973 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2015. 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 error...
NAVY | BCNR | CY2014 | NR6893 14_Redacted
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. Consequently, when applying for a correction of an official naval record, the burden is on the...