DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TJR
Docket No: 7480-08
4 June 2009
This is in reference to your application for correction of your
late daughter’s 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 2 June 2009. 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 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.
You enlisted in the Marine Corps on 12 September 1988 at age 17
and began a period of active duty on 5 September 1989. You
served without disciplinary incident until 26 March i990, when
you received nonjudicial punishment (NUJP) for a 21 day period of
unauthorized absence (UA). Shortly thereafter, on 4 April 1990,
you began another period of UA that was not terminated until you
were apprehended by civil authorities on 9 October 1990. During
this period of UA you were also declared a deserter. on 26
November 1990 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 208 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. Subsequently, your request was granted and your
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 12 December 1990
you were issued an other than honorable discharge and assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. It also considered your assertion that you were told that
your discharge would be automatically upgraded a year after being
discharged. Nevertheless, the Board found the evidence and
materials submitted were not sufficient to warrant
recharacterization of your discharge or a change of your
narrative reason for separation or reenlistment code because of
the seriousness of your lengthy periods of UA which resulted in
NJP and your request for discharge to avoid trial by court-
martial. 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 as such, the
discharge should not be changed. Finally, no discharge is
upgraded due solely to the passage of time. 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
Executive Di kedtior
NAVY | BCNR | CY2008 | 06467-08
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. You served without disciplinary incident until 15 July 1989, when you received...
NAVY | BCNR | CY2008 | 07461-08
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. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA which resulted in your request for discharge to avoid trial by court- martial. ...
NAVY | BCNR | CY2008 | 05011-08
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. Consequently, when applying for a correction of an official naval record, the burden is...
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 | 13211-09
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 23 August 1989 you began a 119 day period of UA from your unit until you were apprehended on 20 December 1989.
NAVY | BCNR | CY2011 | 06168-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 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 | 06063-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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. As a result of the foregoing, on 16 February 1990, you submitted a written request for an other than honorable discharge in order to avoid trial by...
NAVY | BCNR | CY2012 | 05685 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. Based on the information currently contained in your record it appears that you subsequently submitted a written request for an other than...
NAVY | BCNR | CY2010 | 02686-10
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. 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 ifijuetice. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 05498-09
The record does not reflect the disciplinary action taken, if any, for this period of UA. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service in the Army, desire to upgrade your discharge, explanation regarding the circumstances of your discharge, and the passage of time. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...