Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 01638-08
Original file (01638-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 1638-08
6 October 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 1 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

On 17 December 1985, you enlisted in the Marine Corps at age
18. On 5 August 1986, you had nonjudicial punishment for six
instances of absence from your appointed place of duty,
sleeping on post, and willful disobedience of a lawful order.
On 20 October 1986, you began an unauthorized absence (UA) and
were apprehended by civilian authorities on 30 December 1986.
On 18 March 1987, you were returned to military authorities
after being in a UA status for about 149 days. On

24 March 1987, you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for the 149 day period of UA. At that time, you
consulted with counsel and acknowledged the consequences of
receiving such a discharge. On 14 April 1987, the separation

authority approved your request for an OTH discharge. On
20 April 1987, you were separated with an OTH discharge for the
good of the service to avoid trial by court-martial. As a

result of this action, you were spared the stigma of another
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 potential mitigation, such as your youth and
belief that enough time has elapsed to warrant upgrading your
discharge. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial 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 you 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,

   

W. DEAN P
Executive tor

Similar Decisions

  • NAVY | BCNR | CY2008 | 08492-08

    Original file (08492-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval health record, 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 | CY2008 | 07887-08

    Original file (07887-08.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 May 2009. On 1 March 1988, you were counseled regarding deficiencies in your performance and conduct, warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge, and informed where substance abuse assistance was available. On 13 June 1988, you requested an OTH discharge for the good of the service to...

  • NAVY | BCNR | CY2013 | NR1420 13

    Original file (NR1420 13.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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient ‘ro establish the existence of probable material error or injustice. You were warned that further misconduct could result in administrative discharge action.

  • NAVY | BCNR | CY2010 | 10710-10

    Original file (10710-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 10 August 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct...

  • NAVY | BCNR | CY2006 | 10053-06

    Original file (10053-06.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. 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...

  • NAVY | BCNR | CY2010 | 01320-10

    Original file (01320-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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 17 October 1986, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...

  • NAVY | BCNR | CY2014 | NR3594 14

    Original file (NR3594 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on >@ October 2014. Vou submitted a written i request [or an other than honorable (OTH) discharge in order to avoid trial py court-martial for two additional periods of UA totaling over 40 days and.two instances of missing ship’s movement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant te demonstrate the...

  • NAVY | BCNR | CY2007 | 10775-07

    Original file (10775-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application op 20 August 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. 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 | CY2007 | 11113-07

    Original file (11113-07.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. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization...

  • NAVY | BCNR | CY2008 | 01837-08

    Original file (01837-08.pdf) Auto-classification: Denied

    You were subsequently assigned to an infantry unit at Camp Pendleton. The Board also 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. 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.