Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 10961-02
Original file (10961-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N O F  NAVAL  RECORDS 

2   N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

TJR 
Docket No:. 10961-02 
15 October 2003 

 his is in reference to your application for correction of your 
naval record pursuant to the provisions of ~ i t l e  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 7 October 2003.  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 on 12 May 1978 after two years 
of prior honorable service in the Army.  You continued to serve 
without disciplinary incident until 17 October 1979 when you 
received nonjudicial punishment  (NJP) fqr absence from your 
appointed place of duty.  The punishment imposed was restriction 
and extra duty for seven days and a $100 forfeiture of pay, half 
of which was suspended for two months. 

~uring the period from 19 June to 15 October 1981 you received 
NJP on three occasions for three periods of unauthorized absence 
(uA) totalling 11 days and wrongful appropriation of an 
automobile valued at approximately $5,200. 

On 13 January 1982 you received your fifth NJP for a five day 
period of UA.  The punishment imposed was reduction to paygrade 
E-1, restriction and extra duty for 45 days, and a $250 
forfeiture of pay, a portion of which was suspended for six 
months. 

On 6 March 1982 you began a period of UA that was not terminated 
until you were apprehended by civil authorities on 30 ~ p r i l  1982. 
On 8 ~ u l y  1982 you submitted a written request for an other than 
honorable discharge in order to avoid trial by court-martial for 
the foregoing period of UA totalling 56 days.  Prior to 
submitting this request for discharge, 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 27 July 1982 your request for discharge was 
granted and on 13 August 1982 you received an other than 
honorable discharge in lieu of trial by court-martial.  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 entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity and your assertion that your misconduct 
was the result of being in a unit of mostly officers who consumed 
alcohol on a daily basis.  Nevertheless, the Board concluded that 
these factors were not sufficient to warrant recharacterization 
of your discharge because of your frequent misconduct, which 
resulted in five NJPs and your lengthy period of UA which 
resulted in your request for discharge.  The Board believed that 
considerable clemency was extended to you when your request for 
discharge was approved since, by this action, you escaped the 
possibility of confinement at hard labor and a punitive 
discharge.  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 now.  Further, the Board noted that there is no evidence in 
the record, and you submitted none, to support your contention. 
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, 



Similar Decisions

  • NAVY | BCNR | CY2002 | 09384-02

    Original file (09384-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.

  • NAVY | BCNR | CY2001 | 07707-01

    Original file (07707-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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 | CY2001 | 06601-01

    Original file (06601-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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 | CY2001 | 08556-01

    Original file (08556-01.pdf) Auto-classification: Denied

    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 20 October 1960 you submitted a written request for immediate execution of the BCD. 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 | CY2002 | 10974-02

    Original file (10974-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 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 | CY1999 | 01099-99

    Original file (01099-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 20 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband's naval record, and applicable statutes, regulations, and policies. On 23 April 1969 the commanding officer recommended your husband be issued an undesirable discharge by reason of unfitness.

  • NAVY | BCNR | CY2002 | 10975-02

    Original file (10975-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2 0 0 3 . 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. Subsequently, your request for discharge was granted and on 26 June 1984 you received an other than honorable discharge in lieu of trial by...

  • NAVY | BCNR | CY1998 | 07460-98

    Original file (07460-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.

  • NAVY | BCNR | CY2002 | 10943-02

    Original file (10943-02.pdf) Auto-classification: Denied

    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. Because you requested discharge in lieu of trial, you received the benefit of your bargain when you were discharged and not tried by court-martial, and on 25 August 1978 you received an other than honorable discharge. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2001 | 03835-01

    Original file (03835-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 16 November 1982 you were convicted by summary court-martial (SCM) of a 15 day period of UA, absence from your appointed place paygrade E-l, a $500 of duty,...