DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
TAL
Docket No: 10006-09
25 June 20190
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 23 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 ali
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 21 April 1975 at age 18. At the time of enlistment you
had completed nine years of formal education and had a general. .
classification test (GCT) score of 76, which placed you in Mental
Group IV. On 23 January 1978, you were convicted by summary
court-martial for umauthorized absence (UA) from your unit for a
period of 57 days. On 22 February 1978, you began a 396 day
period of UA from your unit until you were apprehended on 26
March 1979. On 4 April 1979, you submitted a written request for
an other than honorable (OTH) discharge in order to avoid trial
by court-martial for the foregoing period of UA. 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 13 April 1979 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 16 April
1979 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, immaturity, limited education, low test scores, 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 SCM, periods of UA totaling over one year and two
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. 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,
\x '
W. DEAN P R
Executive Dx or
NAVY | BCNR | CY2007 | 10249-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2008. 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...
NAVY | BCNR | CY2010 | 08466-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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 | 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 | CY2008 | 05804-08
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. 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. On 1 February 1979, you were warned that further infractions could result in disciplinary action...
NAVY | BCNR | CY2008 | 06128-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 | CY2007 | 08333-07
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.You enlisted in the Marine Corps on 26 March 1976 at age 18. On 5 May 1978 you began a period of...
NAVY | BCNR | CY2010 | 07171-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. Between 14 March and 4 June 1978, you commenced three periods of UA, the first period lasting six days, the second period lasting 27 days, and the...
NAVY | BCNR | CY2013 | NR0221-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 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. Based on the information currently contained in your record it appears that you submitted a written request for an other than honorable - (OTH)...
NAVY | BCNR | CY2011 | 00595-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 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 | CY2010 | 03726-10
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. Consequently, when applying for a correction of an official naval record,’ the burden is on the applicant to demonstrate the existence of...