DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5254-08
1 April 2009
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 April 2009. 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 21 March
1968. You received nonjudicial punishment and were convicted by
a special court-martial for offenses that included three periods
of unauthorized absence.
for the good of the service in lieu of trial by court-martial for
three lengthy periods of unauthorized absence. 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 4 November 1977.
Tn its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that
family problems caused your unauthorized absences. It found your
contention insufficient to warrant corrective action in your
case.
he Board conciuded that your service was properly characterized
as undesirable, given your lengthy periods of unauthorized
absence. In addition, the Board believes that considerable
clemency was extended to you when your request for discharge was
approved since, by that action, you avoided the possibility of a
Federal conviction, 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.
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,
NAVY | BCNR | CY2008 | 09146-08
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 request was approved by the discharge authority, and you received an undesirable discharge on 25 March 1970. 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 | CY2009 | 01414-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _ application on 29 July 2009. Your request was approved and you received an undesirable discharge on 14 November 1974. 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 | CY2008 | 08763-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your. 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 material error or injustice.
NAVY | BCNR | CY2008 | 11122-08
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 request was approved by the discharge authority, and you received an undesirable discharge on 2 December 1978. The Board found those factors insufficient to warrant corrective action in your case, given the lengthy period of your unauthorized absence.
NAVY | BCNR | CY2001 | 06663-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 June 2001. 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. On 19 December 1974 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial Prior to submitting for an unauthorized...
NAVY | BCNR | CY2008 | 04513-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 2008. Your request was approved by the discharge authority, and you received an undesirable discharge on 14 August 1970. 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 | CY2010 | 05674-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 February 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. 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 | 04345-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. 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 11 February 1974, you requested an UD for the good of the service to avoid trial by court-martial for the two periods of UA that totaled 141 days.
NAVY | BCNR | CY2001 | 02231-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2001. After review by the discharge authority, the recommendation for separation was approved and you received an undesirable discharge on 2 September 1960. 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 | CY2008 | 10303-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2009. On 14 August 1975, after consulting with a military lawyer you requested that the Marine Corps issue you an_ undesirable discharge in order to avoid court-martial for four additional periods of UA totaling 571 days, three of which were terminated by apprehension. In this regard the Board believed considerable clemency was extended to you when...