DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3044-08
5 May 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 30 April 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.
The Board found that you enlisted in the Marine Corps on 18
November 1968. A special court-martial convened on 11 January
1972 and found you guilty of an unauthorized absence of 246 days.
On 3 February 1976 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 1399 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving an undesirable discharge. Your request
was approved by the discharge authority, and you received an
undesirable discharge on 11 March 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, Vietnam
service, receipt of the Combat Action Ribbon, and contention that
President Nixon gave amnesty to servicemen who had unauthorized
absences. The Board found those factors insufficient to warrant
the upgrade of your discharge, given your extended periods of
unauthorized absence. In addition, the Board believes that
considerable clemency was extended to you 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,
VwQond
W. DEAN PF
Executive Di
NAVY | BCNR | CY2007 | 09495-07
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 1 March 1974 at age 17. Further, the Board concluded that you...
NAVY | BCNR | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also 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, confinement at hard labor and a punitive discharge. ...
NAVY | BCNR | CY2007 | 03960-07
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Marine Corps on 25 September 1974. Your request was...
NAVY | BCNR | CY2002 | 07094-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2002. 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. You received the undesirable discharge on court- However, the Board found that these factors were not such as your youth and Further, the Board concluded that...
NAVY | BCNR | CY2007 | 10129-07
Subsequently you requested that you be issued an undesirable discharge in lieu of trial by court-martial for two periods of unauthorized absence totaling 124 days. The Board also took into account the lengthy period of your unauthorized absence as well as your prior disciplinary record consisting of seven instances of absence from your appointed place of duty.Accordingly, your application has been denied. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2002 | 03580-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted Your allegations of error and your naval record and applicable statutes, After careful and conscientious consideration of the entire record, the Board found that the...
NAVY | BCNR | CY2001 | 07624-00
The Board You received an undesirable discharge However, the Board found that these factors were not such as your youth and The Board believed that considerable clemency was and the two previous disciplinary In its review of your application the Board carefully weighed all potentially mitigating factors, immaturity. sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than a month, actions. ...
NAVY | BCNR | CY2007 | 05649-07
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 6 August 1975 at age 17 and served without disciplinary incident...
NAVY | BCNR | CY2001 | 05743-01
sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than seven months. that you received the benefit of your bargain when your request for discharge was granted and should not be permitted to change The Board concluded that your discharge was proper as it now. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 01852-08
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...