DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2859-05
24 October 2005
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 19
October 2005. 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.
The Board found you enlisted in the Marine Corps on 17 September 1983
at the age of 18. On 2 December 1983 you were meritoriously promoted
to private first class. On 1 August 1983 you met the eight month time
in grade requirement to become eligible for promotion to lance
corporal, but you did not meet the additional requirement of being
recommended for promotion by the commanding officer.
On 20 August 1984 a urinalysis tested positive for use of illegal
drugs, apparently marijuana and cocaine.
On 24 September 1984 you began a period of unauthorized absence (UA)
that ended on 15 October 1984, a period of about 22 days. You were
subsequently charged with this UA, violation of a base order by
having alcohol in your room at the bachelor enlisted quarters (BEQ),
violation of another order by having a female in your BEQ room, two
specifications of unlawful destruction of government property, and
wrongful use of marijuana and cocaine. On 3 December 1984 you
requested an other than honorable discharge for good of the service
to avoid trial by court-martial
for these charges. At this time, you consulted with counsel and
acknowledged the consequences of requesting and receiving such a discharge.
Subsequently, on 11 December 1984, your request was granted. You were
discharged on 20 December 1984 with an other than honorable 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.
The Board, in its review of your entire record, carefully considered all
mitigating factors, such as your youth and your contentions that you were
promoted to lance corporal and deserve an honorable discharge to qualify
for veteran’s benefits. Nevertheless, the Board found the evidence and
materials submitted were not sufficient to warrant recharacterization of
your discharge given the repetitive misconduct, some of which was drug-
related. The Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial was
approved since, by this action, you escaped the possibility of confinement
at hard labor and a punitive discharge. Further, the Board concluded that
you received the benefit of your bargain with the Marine Corps when your
request for discharge was granted and you should not be permitted to change
it now. There is also no evidence in the records to show that you were ever
recommended or promoted to lance corporal. 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,
2
NAVY | BCNR | CY2005 | 07800-05
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.The Board found you enlisted in the Marine Corps on 28 September 1982 at age 19. You were...
NAVY | BCNR | CY2008 | 05011-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your daughter’s 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...
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 | CY2002 | 05036-01
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 October 1983 you were again UA for a day, but the record does not reflect the disciplinary action taken, if any, for this misconduct. Subsequently, your request for discharge was granted As a result of this action, you were However, the Board found the evidence and The Board, in its...
NAVY | BCNR | CY2006 | 08600-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2007. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, on 17 November 1969 you received your sixth NUP for failure to obey a lawful order and were awarded restriction and extra duty for 14 days. The record further reflects that on 1...
NAVY | BCNR | CY2007 | 05792-07
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 2 December 1980 at age 19. Nevertheless, the Board concluded...
NAVY | BCNR | CY2001 | 02996-01
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 April 1983 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for five periods of unauthorized absence (UA) totalling 17 days and two periods of Your record shows absence from your appointed place of duty. Consequently, when...
NAVY | BCNR | CY2012 | 05258 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. Subsequently, your request for discharge was granted and, on 25 June 1984, you received an OTH discharge in lieu of trial by court-martial.
NAVY | BCNR | CY2011 | 03177-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 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. 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 | CY2002 | 03493-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. confinement at hard labor for 75 days, forfeitures of $382 per month for two months, On 10 November 1983, the convening authority approved the adjudged sentence and ordered its execution. You received the other...