DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DG 20370-5100 ORS
Docket No: 2205-09
23 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 18 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 19 June
1972. You received five nonjudicial punishments for offenses
that included four periods of unauthorized absence, disrespect,
dereliction of duty, and absence from appointed place of duty.
On 7 April 1976 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for
three periods of unauthorized absence totaling 703 days.. Prior
to submitting this request you conferred with a qualified
military lawyer who advised you of your rights and warned of the
probable advise 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 15 April 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such ag your youth and family
problems. 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 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 | 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 | CY2009 | 00314-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. On 24 July 1978 you received the previously approved discharge under other than honorable conditions. The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your record of misconduct.
NAVY | BCNR | CY2009 | 01889-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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 | CY2008 | 02028-08
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. However, during the period from 16 May to 5 December 1975 you received nonjudicial punishment (NJP) on six occasions for insubordination, disrespect, disobedience, communicating a threat, absence from your appointed place of duty, and four periods of unauthorized absence (UA) totalling 15...
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 | 08300-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
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 | CY2008 | 02343-08
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. The Board found that these factors and contention were not sufficient to warrant a correction to your record to show that you received a ‘general discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2008 | 08294-08
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 for discharge was granted and on 11 June 1976, you received an other than honorable discharge for the good of the service in lieu of trial by court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 08168-08
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 7 April 1976, your commanding officer forwarded your case recommending an undesirable discharge by reason of unfitness. 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.