DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL -
Docket No: 5677-09
23 April 2010
~
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 14 April 2010. 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 Hoard 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 iil January 1973 at age 18. 1’ September 1973, you.
submitted a written request for an other than honorable {OTH)
discharge in order to avoid trial by court-martial for assaulting
and disobeying an officer, resisting arrest, and communicating a
threat. Prior to submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. On 21 September 1973, you received
NIP for disobeying a lawful order and three instances of
unauthorized absence (UA) from your appointed place of duty. On
15 November 1973 your request was granted and the commanding
officer was directed to issue you an OTH discharge. As a result
of this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor. On 11 March 1985 you were
discharged under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. The Board believed that considerable clemency
was extended to you when your request for discharge to avoid
trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and
should not be permitted to change it now. 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 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,
\ sour |
W. eae |
Executive Ditttctor
NAVY | BCNR | CY2010 | 01657-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. After careful and conscientious consideration of the entire record, the Board found that 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...
NAVY | BCNR | CY2009 | 06011-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 02970-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 December 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. You then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for four...
NAVY | BCNR | CY2009 | 12909-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. On 22 May 1973, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for UA (three...
NAVY | BCNR | CY2009 | 13276-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 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 2 December 1983, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court- martial for a...
NAVY | BCNR | CY2010 | 01690-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 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. 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 | CY2009 | 09406-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 June 2010. On 1 March 1976, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a UA totaling 62 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 | CY2010 | 04254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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 careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 07199-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 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. Your request for discharge was granted and on 18 June 1974, you received an OTH discharge for the good of the service in lieu of trial by court-martial.
NAVY | BCNR | CY2009 | 13224-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...