DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6072-09
16 July 2009
This ig. 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 8 July 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 founé that you enlisted in the Marine Corps on 27
September 1973. You received nonjudicial punishment and were
convicted by a special court-martial for offenses that included
four periods of unauthorized absence of 222 days total duration.
On 2 March 1977 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence of 76 days. Prior submitting this request
you conferred with a qualified military lawyer who advised you of
your rights and warned of the probable adverse 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 11
March 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
served faithfully and that your discharge was unfair. It found
your contention 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 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 this 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,
W. DEAN PF
Executive Di Xr
NAVY | BCNR | CY2008 | 09861-08
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 was approved by the discharge authority, and you received a discharge under other than honorable conditions on 21 October 1977. 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 | 11518-08
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 was approved by the discharge authority, and you received a discharge under other than ‘honorable conditions on 2 February 1983. 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 | 03350-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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, regquiations 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 | 05254-08
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. It found your contention insufficient to warrant corrective action in your case. 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 | 01454-09
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 15 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. 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 | 04777-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 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. The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your record of misconduct...
NAVY | BCNR | CY2007 | 10732-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 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. Your request was approved by the discharge authority, and on 3 May 1977, you were issued a DD Form 794, Certificate of Discharge Under Other than...
NAVY | BCNR | CY2008 | 05042-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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 probable...
NAVY | BCNR | CY2006 | 00387-06
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 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 February 1976. Although the request...
NAVY | BCNR | CY2008 | 01969-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...