DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100"
TAL
Docket No: 5731-09
28 April 2010
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 21 April 2010. 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 29 December 1967 at age 17. On 26 January 1969, you
received nonjudicial punishment (NJP) for two instances of
unauthorized absence (UA) from your unit totaling a period of
five days, failure to obey a lawful order and loss or damage of
government property. On 3 April 1969 you began six periods of UA
from your unit which totaled 348 days until you were apprehended
on 3 July 1970. On 30 July 1970, you submitted a written request
for an other than honorable (OTH) discharge for the good of the
service to avoid trial by court-martial for the above periods of
UA. You conferred with a qualified military lawyer, were advised
of your rights, and warned of the probable adverse consequences
of accepting such a discharge. On 6 August 1970 the separation
authority approved and directed an OTH discharge for the good of
the service. On 26 August 1970 you were so discharged. 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.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in over 11 months of UA from your unit and request for
discharge to avoid trial. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board also 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
how, Finally, there is no provision of law or in Navy
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.
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,
\D Dew
W. DEAN P
Executive Di
NAVY | BCNR | CY2009 | 06023-09
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your...
NAVY | BCNR | CY2009 | 03584-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2010. On 22 November 1968, you received NUP for UA from you appointed place of duty. On 28 May 1970 you were 8O discharged.
NAVY | BCNR | CY2011 | 02555-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2012 | 07487-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2013. 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 23 December 1970, you again made a written request for discharge for the good of the service to avoid trial by court-martial for UA from your unit...
NAVY | BCNR | CY2012 | 00624 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 October 2012. 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 4 June 1970, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for two...
NAVY | BCNR | CY2009 | 02323-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 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 | CY2012 | 05683 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2013. 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 | 12074-09
A three-member panel of the Board for Correction of Naval records, sitting in executive session, considered your application on 11 August 2010. On 2 April 1969, you then began a period of UA which lasted 96 days. Your request for discharge was granted and on 11 May 1970, you received an other than honorable discharge in lieu of trial by court-martial.
NAVY | BCNR | CY2011 | 04082-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2012. On 12 May 1970, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the forgoing periods 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 | CY2009 | 11222-09
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. On 13 January 1971 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the...