DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6023-09
29 April 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 21 April 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 and began a period of active
duty on 27 March 1969 at age 20. On 16 June 1970, you were
convicted by special court-martial for unauthorized absence (UA)
from your unit for a period of 126 days. On 16 September 1970,
you received nonjudicial punishment (NUP) for insubordinate
conduct toward a noncommissioned officer. On 18 October 1070,
you were UA from your unit until apprehended on 25 January 1971,
a period of 99 days. On 4 February 1971 you submitted a written
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for the foregoing charge. 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. On 19 February 1871, your request was granted and the
commanding officer was directed to issue you. an OTH discharge. ,
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 26 February
1990 you were discharged under OTH conditions.
The Board, in its review of your entire record and 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 given the seriousness of
your misconduct that resulted in periods of UA that totaled over
seven months and 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 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,
W. DEAN PFE
Executive D tbr
NAVY | BCNR | CY2011 | 04823-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 09118-10
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. Your request for discharge was granted and on 4 June 1971, you received an other than honorable discharge (OTH) for the good of service to avoid trial by court-martial. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge...
NAVY | BCNR | CY2012 | 07487-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 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. On 23 December 1970, you again made a written request for discharge for the good of the service to avoid trial by court-martial for UA from your unit...
NAVY | BCNR | CY2010 | 05832-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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...
NAVY | BCNR | CY2009 | 03584-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2010. On 22 November 1968, you received NUP for UA from you appointed place of duty. On 28 May 1970 you were 8O discharged.
NAVY | BCNR | CY2009 | 10686-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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 15 December 1970, you submitted a written request to be discharged for the good of the service to avoid trial by court-martial for the periods of UA.
NAVY | BCNR | CY2009 | 09505-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 16 June 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 23 August 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2010 | 05219-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 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 | CY2010 | 07613-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in convictions by SCM and SPCM, charges being preferred to a court-martial for a periods of UA totaling over four months, and request for discharge. ...
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...