DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7959-06
25 January 2008
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 23 January 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Marine Corps on 2 October 2002 after about
three years of prior honorable service. You then served until 21
September 2004 without any disciplinary infractions. On 21
September 2004, you received nonjudicial punishment for graft
because you were accepting money to not enter individuals on the
duty roster.
On 15 July 2005 multiple specifications of violations of Article
92, 107 and 134, Uniform Code of Military Justice, were referred
against you for trial by a special court-martial. Your military
record shows that you submitted a written request for a discharge
under other than honorable conditions in order to avoid trial by
court-martial on those charges. Your record also shows that
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. The Board found that your request was granted on 17
October 2005 and, 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. You were
discharged on 2 November 2005 under other than honorable
conditions.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior honorable
service and your desire to again serve in the Marine Corps. The
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
trial for numerous offenses. 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 when your request
for discharge was granted and you should not be permitted to
change it now. The Board concluded that your discharge was
proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans'
benefits based on your prior honorable service. Therefore, if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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,
NAVY | BCNR | CY2008 | 01084-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. Your military/record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the two periods of unauthorized absence totaling about 558 days. Consequently, |when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2005 | 06434-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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 were discharged on 11 June 1976.
NAVY | BCNR | CY2007 | 09060-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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...
NAVY | BCNR | CY2007 | 09339-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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 | CY2005 | 00847-05
1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2005. 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 | CY2007 | 01394-07
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. Your military record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the 46 day period of unauthorized absence. The Board found that these factors were not sufficient to warrant recharacterization...
NAVY | BCNR | CY2005 | 02379-05
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in three NJP’s and especially your request for discharge to avoid trial for a four month period of UA. Consequently, when applying...
NAVY | BCNR | CY2005 | 01231-05
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. You were commissioned a second lieutenant in the Marine Corps Reserve on 27 May 1953. 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 | CY2007 | 10938-07
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. You left Vietnam on 4 June 1969 and arrived in the United States on 12 June 1969, On 7 July 1969 you began a period of unauthorized absence which lasted until you were apprehended on 10 September 1969, a period of about 65 days. The Board found that these factors and contention were not...
NAVY | BCNR | CY2008 | 02296-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2008. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your record...