DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8763-08
5 October 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. ce
‘application on 23 September 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 16
August 1972.- On 18 April 1973 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 129 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 undegirable discharge on il May 1973.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and the
contention that you were suffering from posttraumatic stress
disorder (PTSD) from abuses you were subjected to during recruit
training, and that the act of misconduct which resuited in your
discharge was a symptom of the undiagnosed PSD. The Board could
not find any evidence in the available record or your apolication
which corroborates your contention. Tt concluded that your
service was approp:iately characterized as under other than
honorable conditions in view of the lengthy unauthorized absence.
In accitdon, the Board belicuves that considerabl.: wlemency was
extended to you when your request for discharge was approved
since, by this 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,
-W. DEAN PFE
Executive Dir
NAVY | BCNR | CY2008 | 07417-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2009. Your military record shows that you submitted a written request for an undesirable discharge (UD) in order to avoid trial by court-martial for the two periods of unauthorized absence totaling about 575 days. 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 | 06072-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 8 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. Your request was approved by the discharge authority, and you received a discharge under other than honorable conditions on 11 March 1977.
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 | CY2008 | 03783-08
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. On 16 September 1974 you elected to waive consideration for restoration to duty and requested execution of the bad conduct discharge. 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...
NAVY | BCNR | CY2008 | 02091-08
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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 09931-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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 | 04511-08
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 12 May 1976, you requested an undesirable discharge (UD) for the good of the service to avoid trial by court-martial for the two periods of UA...
NAVY | BCNR | CY2008 | 04341-08
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. 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 | 08107-08
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. 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 | 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.