DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
is
ins
2
Ss a
SSaee
SION
Docket No: 02554-09
22 February 2010
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 17 February 2010. 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 10 May 1978 at age 20. During the period from 6 October
1979 to 4 August 1981, you received five nonjudicial punishments
(NJP‘s) for assault, two instances of disobedience, two days of
unauthorized absence (UA), two instances of disrespect, and
absence from your appointed place of duty. Based on the
information currently contained in your record, on 18 November
1981, you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for two
periods of UA, failure to go to your appointed place of duty, and
damaging and destroying government property. 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.
Your request for discharge was granted and on 28 November 1978,
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
five NUJP’s, charges being preferred to a court-martial, and
request for discharge. 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,
\Rear ee,
W. DEAN P
Executive ‘Di ter
NAVY | BCNR | CY2006 | 09204-06
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 29 September 1978 you enlisted in the Marine Corps at age 19 and served without incident until 9...
NAVY | BCNR | CY2009 | 10839-09
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. Your request for discharge was granted and on 10 April 1981, you received an other than honorable...
NAVY | BCNR | CY2009 | 11829-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. Subsequently, administrative discharge action was initiated by reason of misconduct due to civil conviction. 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 | CY2013 | NR8164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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...
NAVY | BCNR | CY2012 | 01351 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2012. 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 | CY2001 | 06908-01
UAs from 31 August to 1980, On 27 March 1981 you were convicted by special court-martial of three of the foregoing periods of UA from 31 August to 18 October, 21-25 October, and 31 October 1979 to 29 December 1980; totaling about 491 days. Accordingly, your application has The Board concluded that you were The fact that you have completed and the-discharge appropriately Your totalled 521 days. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2010 | 00109-10
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 10873-07
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. On 19 June 1980, you were convicted by a SPCM of the two instances of UA totaling 71 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 or injustice.
NAVY | BCNR | CY2009 | 09498-09
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 Board believes that you may be eligible for veterans’ benefits which accrued during your prior period of honorable service. 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...
NAVY | BCNR | CY2002 | 10961-02
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 that these factors were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct, which resulted in five NJPs and your lengthy period of UA which resulted in your request for discharge. Consequently, when applying...