DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09650-08
14 August 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 Come, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 29 January 1973 at age 18. On 2 and 18 July 1973, you
received nonjudicial punishment (NIP) for 39 days of unauthorized
absence (UA), threatening another Marine with bodily harm, and
assault.
On 31 August 1973, you began a period of UA that lasted over two
years, ending on.17 November 1975. Subsequently, on 15 December
1975, you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for that
period of UA. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and warned of the probable adverse consequences of
accepting such a discharge. On 18 and 19 December 1975, you
received NJP for breach of the peace, disobedience, and absence
from your appointed place of duty.
Your request for discharge was granted and on 10 February 1976,
you received an other than honorable discharge for the good of
the service in lieu of trial by court-martial. As a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
four NJP's, and charges being preferred to a court-martial for a
period of UA totaling over 26 months. The Board believed that
considerable clemency was extended to you when your request for
discharge 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 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,
\ Won’
W. DEAN PF
Executive D xr
NAVY | BCNR | CY2008 | 08183-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2009. On 24 April 1975, you were counseled and warned that further misconduct could result in administrative: discharge action. 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 | 03722-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 12 January 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...
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2007 | 06912-07
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.On 10 April 1973, you enlisted in the Marine Corps at age 17 with parental consent. On 23 May 1977,...
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2010 | 02495-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your three...
NAVY | BCNR | CY2009 | 01027-09
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. 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 | CY2009 | 02983-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2010. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in periods of UA totaling over five months, and request for discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 03027-10
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. AS & result, on 19 March 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court- martial for the three foregoing periods of UA totalling 376 days. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2010 | 06004-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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...