DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 10777-08
29 March 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 23 March 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 6 August 1987 at age 20. On 17 August 1988, you began a
period of unauthorized absence (UA) that lasted over three years,
ending on 4 February 1992. Based on the information currently
contained in your record it appears that charges were preferred
against you for that period of UA. However, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial. 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.
Subsequently, your request for discharge was granted and you
received an other than honorable discharge in lieu of trial by
court-martial on 3 April 1992. 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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, attached character letters
from various law enforcement personnel, and your belief that your
characterization of service would change after a period of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your very lengthy period of UA. 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. Finally, you are advised that there
is no provision in law or Navy regulations that allow for
recharacterization automatically 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,
NAVY | BCNR | CY2009 | 03351-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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 | 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 | CY2009 | 13215-09
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. 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 | CY1999 | 05722-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regquiations, and policies. On 19 July 1993, the separation authority approved an OTH discharge for the good of the service. 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 | CY2010 | 01038-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. You were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 02983-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2010. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in periods of UA totaling over five months, and request for discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 03043-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 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. Nevertheless, the Board concluded - these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct...
NAVY | BCNR | CY2010 | 01061-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 October 2010. 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 | CY2009 | 09505-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 16 June 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 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2010 | 00930-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...