DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9505-09
18 June 2010
This ig 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 16 June 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 13 December 1971 at age 19. On 30 November 1973, you
were convicted by special court-martial of unauthorized absence
from your unit for a period of 116 days. On 2 January 1974, you
began a period of unauthorized absence (UA) from your unit that
lasted until you were arrested on 23 January 1976 in Tampa,
Florida for writing insufficient fund checks. On 21 April 1976,
you were convicted in civil court of appropriating property with
insufficient fund checks and sentenced to five years confinement .
On 4 February 1977, you were returned to military control by the
Federal Bureau of Investigation, but you began another period of
UA starting on 8 March 1977. You remained in a UA status until
you were apprehended on 19 July 1978. 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 the
foregoing charge of UA from 8 March 1977 through 19 July 1978.
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. Your request was granted and the commanding officer
directed your 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 8 September 1978 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 a periods of UA that totaled
over four years and six 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. 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. Finally, there is no provision of law or in Navy
regulations that allow for recharacterization of service due
solely to the passage of time. 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,
\Diwuwd:
W. DEAN PF
Executive ewtor
NAVY | BCNR | CY2008 | 01837-08
You were subsequently assigned to an infantry unit at Camp Pendleton. The Board also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. 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 | NR4986-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge...
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 | CY2010 | 01347-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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. 23 February 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2009 | 01305-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 8 December 2009. 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 on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 04040-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. 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 | CY2011 | 05287 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 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 | CY2009 | 12305-09
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. However, on 9 June 1978, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2002 | 05223-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2001. Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the lengthy periods of UA and your request for discharge to avoid trial for these periods of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2012 | 01331-12
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 2 October 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. However, your request for discharge was denied on 12 January 1977.