Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 01950-09
Original file (01950-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL

Docket No: 01950-09
20 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 12 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 the evidence submitted was insufficient

to establish the existence of probable material error or
injustice.

You reenlisted in the Marine Corps on 21 August 1976 after two
years of honorable service, On 18 April 1977, you began a period
of unauthorized absence (UA) that lasted three years, six months
and 28 days, ending on 12 November 1980. Charges were preferred
against you for that period of UA. On 26 January 1981, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial. 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. Subsequently, your request for discharge was granted
and, on 30 January 1981, you received an OTH discharge 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 last period of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your period of UA
lasting over three and one half years and your voluntary request
for separation. 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 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,

\WpepSsslad

W. DEAN P
Executive Dilrec

Similar Decisions

  • NAVY | BCNR | CY2008 | 05743-08

    Original file (05743-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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...

  • NAVY | BCNR | CY2013 | NR6687 13

    Original file (NR6687 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2014. 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 | CY2010 | 03592-10

    Original file (03592-10.pdf) Auto-classification: Denied

    BR 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. On 29 January 1981, you submitted a request for a good of the service discharge to avoid trial by court-martial for your period of UA.

  • NAVY | BCNR | CY2009 | 00619-09

    Original file (00619-09.pdf) Auto-classification: Denied

    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. You were counseled and warned that further misconduct could result in administrative discharge action. 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...

  • NAVY | BCNR | CY2009 | 02170-09

    Original file (02170-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your ‘application on 16 December 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. You were counseled and warned that further misconduct could result in administrative discharge action.

  • NAVY | BCNR | CY2009 | 11275-09

    Original file (11275-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 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. 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 | 02680-08

    Original file (02680-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 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. After you returned to the Marine Corps you submitted a handwritten letter to the Marine Corps requesting, in effect, that you be given clemency for...

  • NAVY | BCNR | CY2010 | 05335-10

    Original file (05335-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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 polieves. 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 | CY2007 | 07454-07

    Original file (07454-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2008. 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...

  • NAVY | BCNR | CY2011 | 05935-11

    Original file (05935-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. On 11 February 1981, you requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a period of UA totaling 235 days. 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...