DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 6428-08
25 November 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 24 November 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 30
» December: “968... You-received nonjudicial punishment on four
occasions and were convicted by special court-martial for
offenses that included unauthorized absences, failure to obey a
lawful general order, and wrongful possession of an Armed Forces
liberty pass.
On 28 March 1979 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
two periods of unauthorized absence of more than seven and one-
half years’ duration. 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 a discharge under other than honorable conditions.
Your request was approved by the discharge authority and you
received a discharge under other than honorable conditions on 2
April 1979.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall ©
record, It found those factors insufficient to warrant
corrective action in your case.
The Board concluded that your service was properly characterized
as under other than honorable conditions given your extensive
disciplinary record and 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 its terms at this time.
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,
\s§
W. DEAN PFEIL
Executive Di
NAVY | BCNR | CY2009 | 01669-09
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 a discharge under other than honorable conditions on 16 May 1979. [It found your contention insufficient to warrant corrective action in your case.
NAVY | BCNR | CY2008 | 07322-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 November 2009. The Board concluded that your service was properly characterized as an under other than honorable conditions given your lengthy periods’ of unauthorized absence. 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 | 08287-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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. 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 | 10110-08
matertad 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 5 January 1981, you were processed for an administrative discharge under other than honorable (OTH) conditions by reason of misconduct due to civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 00244-09
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 a discharge under other than honorable conditions on 27 December i985. The Board found those factors insufficient to warrant corrective action in your case, given the lengthy period of your unauthorized absences.
NAVY | BCNR | CY2009 | 02619-09
On 3 July 1980, you received NUP for assault and breach of the peace. On 30 July 1980, the discharge authority directed an OTH discharge by reason of misconduct due to frequent involvement. 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 | 03716-08
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. On 14 April 1980, you were processed for an administrative discharge by reason of misconduct due to civil conviction. 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 | 03605-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2009. The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. 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 | 05016-08
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. On 14 December 1979 an ADB recommended separation under other than honorable conditions by reason of misconduct due to civil conviction. 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 | 03639-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 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. Your request for discharge was granted and on 14 November 1979, you received an other than honorable discharge for the good of the scrvice in lieu...