DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
REC
Docket No: 06211-09
28 April 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 27 April 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 6 October 1980. On 2 September 1981, you received
nonjudicial punishment (NJP) for being disrespectful in language.
On 2 September 1981, you entered an unauthorized absence (UA)
status totaling 21 days. Between 28 September 1981 and
1 February 1982, you were UA, totaling 127 days. On 19 April
1982, you entered a period of eight days UA. On 2 June 1982, you
were counseled concerning your failure to go to your appointed
place of duty. Subsequently, on 12 July 1982, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for a period of UA totaling over
five months. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and were warned of the probable adverse consequences of
accepting such a discharge. Your request for discharge was
granted and on 5 August 1982, you received an other than
honorable discharge 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
Gischarge 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 one
NJP, and your 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,
1a Now QW
W. DEAN P
Executive Di ter
NAVY | BCNR | CY2001 | 02045-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 August 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The punishment imposed was Your record further reflects that during the period from 2 May to 14 July 1982 you were in a UA status on three occasions for a total of...
NAVY | BCNR | CY2009 | 11275-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 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 | CY2001 | 03758-01
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. A staff judge advocate reviewed the request and found On 5 October 1982 the You were so discharged on the.-service the Board carefully weighed In its review of your application, all potentially mitigating factors such as your letter in support of your application, your good post-service...
NAVY | BCNR | CY2009 | 04720-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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 8 February 1984 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing...
NAVY | BCNR | CY2007 | 07454-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence...
NAVY | BCNR | CY2001 | 01878-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 August 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 1982 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 05560-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 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. after careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 06325-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. On 18 January 1982, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for the...
NAVY | BCNR | CY2010 | 04194-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 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. Your request to have your address corrected needs to be sent to Headquarters Marine Corps (HQMC) for an administrative correction, not the Board.
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...