DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05399-07
18 July 2007
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 18 July 2007. 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 28 October 1999 at age 18.
On 25 February 2000 you began a period of UA that lasted 398
days, ending on 26 March 2001. On 4 April 2001 you submitted a
written request for a good of the service discharge in order to
avoid trial by court-martial for this UA. 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.
Your request for discharge was granted and on 8 May 2001 you
received an other than honorable discharge for the good of the
service 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, overall period of service, and the personal problems
that led to the lengthy UA. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in reason
or reenlistment code because of the offense that 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. 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,
Executive Di tc
NAVY | BCNR | CY2001 | 01168-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. materials submitted were not sufficient to warrant recharacterization of your discharge given your frequent and lengthy periods of UA and your request for discharge to avoid trial for a lengthy period of UA. Consequently,...
NAVY | BCNR | CY2001 | 00975-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your applicatiofi on 10 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 1977 you were so discharged. 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 | CY2006 | 11186-06
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 21 June 1973 at age 21. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2006 | 08426-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2007. 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...
NAVY | BCNR | CY2001 | 01378-01
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. 1973 you were convicted by special court-martial (SPCM) of a 75 day period of UA and were sentenced to confinement at hard labor for two months and a $400 forfeiture of pay. discharged.
NAVY | BCNR | CY2001 | 00945-01
A'three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2001. 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. discharged.
NAVY | BCNR | CY2007 | 01962-07
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.On 25 July 1967, you enlisted in the Marine Corps at age 19. On 17 November 1970, the separation...
NAVY | BCNR | CY2006 | 08025-06
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 22 September 1975 at age 17. Nevertheless, the Board concluded...
NAVY | BCNR | CY2006 | 06895-06
Documentaxy 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 24 April 1972 at age 17 and served for nearly two years without...
NAVY | BCNR | CY2006 | 09505-06
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 7 October 1987 at age 22. The Board also concluded that you...