DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
TUR
Docket No: 2323-09
18 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 February 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 12 June 1968 at age 20. You
served without disciplinary infraction until 5 September 1968,
when you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended on 27 June 1969. During
this period of UA you were also declared a deserter. On 31 July
1969 you were convicted by special court-martial (SPCM) of the
forgoing period of UA totalling 295 days.
On 25 September 1969 you began another period of UA that was not
terminated until you were apprehended on 10 March 1970. Shortly
thereafter, on 22 April 1970, you submitted a written request for
an other than honorable discharge in order to avoid trial by
court-martial for the foregoing period of UA totalling 166 days.
Prior to submitting this request you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. Your request was granted and the commanding officer
was directed to issue you an other than honorable discharge by
reason of the good of the service. 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. On 15 May 1970 you were issued an other than
honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your family emergencies, cultural
background, financial and moral obligations, homelessness, and
educational problems were the reasons for your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy periods of UA from the
Marine Corps which resulted in a SPCM and your request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved. Further, the Board 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. Further, there is no evidence in the
record, and you submitted none, to support your assertion.
Accordingly, your application has been denied.
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 ER
Executive ector
NAVY | BCNR | CY2012 | 04095-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered: your application on 12 March 2013. 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. when your request for discharge.
NAVY | BCNR | CY2008 | 09542-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your daughter’s 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. Consequentiy, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2009 | 11222-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 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. On 13 January 1971 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the...
NAVY | BCNR | CY2009 | 10625-09
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 | CY2005 | 07427-05
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 on 28 March 1968 at age 18. As a result, on 5 March 1971, you...
NAVY | BCNR | CY2011 | 02555-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 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 | CY2003 | 07469-03
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 Corp on 4 March 1969 at age 18. As a result of this action, you were...
NAVY | BCNR | CY2009 | 07490-09
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. The record does not reflect the disciplinary action taken, if any, for this 56 day period of UA. 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 | 01606-10
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. Further, the Board 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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 00317-08
dures applicable to the proceedings of ary material considered by the Board together with all material thereof, your naval record, and applicable , and policies. On 2 September 1970, you were separated with a UD |for the good of the service to avoid trial by court-martial. The Board, in its review of your entire record, carefully considered all potential mitigation, such as your youth and desire for a better discharge.