DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11430-09
11 August 20106
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 4 August 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 ail
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 5 April 1971 at age 17. On 30 November 1971, you were
convicted by summary court-martial (SCM) of two instances of
unauthorized absence (UA) from your unit for periods totaling 53
days. On 7 March 1972, you were convicted in Charleston County
Court, South Carolina of grand larceny (automobile theft) and
sentenced to 45 days of confinement. On 4 April 1972, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for a charge
of UA from your unit for a period of 79 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. 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 14 April 1972 the separation authority approved
your request for discharge. On 18 April 1972 you began a 70 day
period of UA. On 27 June 1972 you were discharged from the naval
service in absentia 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
gt recharacterizat jap, of your discharge given the seriousness of
your miscenduct #tNat resulted in periods of UA that totaled over
‘six months; a ci'vil conviction and request for discharge. The
Board believed that considerable clemency was extended to you
Pwtlen 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 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 cage 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,
\» Doss |
W. DEAN PFETRFRR
Executive D c
NAVY | BCNR | CY2010 | 02529-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2010. You submitted a request for a good of the service discharge to avoid trial by court-martial for the period of UA. Your request for discharge was granted and on 27 February 1975, you received an OTH discharge for the good of the service in lieu of trial by court-martial.
NAVY | BCNR | CY2011 | 04060-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 $. considered your: application on 12 January 2012. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in one NUP, a SCM, a 112 day period of UA and request for discharge.
NAVY | BCNR | CY2011 | 04823-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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 | CY2010 | 05219-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 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 | 04059-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 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. On 4 December 1973, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for two...
NAVY | BCNR | CY2009 | 01298-09
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 of injustice. Your request for discharge was granted and on 19 December 1972, you received an other than honorable discharge for the good of the service in lieu of trial...
NAVY | BCNR | CY2010 | 08316-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 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 | CY2011 | 04350-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. On 21 September 1973, you were released to civil authorities for confinement as a result of the theft conviction.
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 | CY2011 | 03482-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 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...