DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02495-10
27 December 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 15 December 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
injuetice.
You enlisted in the Marine Corps and began a period of active
duty on 30 May 1972, at age 18. On 21 June 1972, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status for three days. On 1 October 1972, you commenced a
period of UA for nine days. On 10 October 1972, you began a
period of UA for six days. On 25 October 1972, you were UA for
six days. On 6 March 1973, you were UA for two days. Your chain
of command took no disciplinary action. However, on 15 March
1873, you received NJP for being disrespectful. On 4 December
1973, you received NJP for being UA for two days. On 3 April
1975, you submitted a written request for an administrative
discharge in order to avoid trial by court-martial for the
periods of UA totaling 198 days. 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.
Your request for discharge was granted and on 23 April 1975, you
received an other than honorable discharge in lieu of trial by
court-martial. 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, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your three NUJP’s, periods of UA
totaling over six months, and request for discharge. The Board
pelieved that considerable clemency was extended to you when your
“request for dischayge was approved. The Board also concluded
¥
pthat 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. Further, you are advised that
there is no provision in the law or Navy regulations that allows
for recharacterization of your discharge 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,
W. DEAN PF R
Executive I tor
NAVY | BCNR | CY2010 | 03027-10
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. AS & result, on 19 March 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court- martial for the three foregoing periods of UA totalling 376 days. Consequently, when applying for a correction of an official naval record, the burden is...
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 | 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...
NAVY | BCNR | CY2010 | 01415-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 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. On 25 June 1973 you received NUP for six periods of absence from your appointed place of duty and a one day period of UA.
NAVY | BCNR | CY2009 | 05784-09
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 May 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 the seriousness of...
NAVY | BCNR | CY2012 | 07189-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that...
NAVY | BCNR | CY2010 | 03722-10
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...
NAVY | BCNR | CY2009 | 09930-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 6 July 1973, you received NUP for being UA for a period of 15 days. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an other than honorable discharge.
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2007 | 06575-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. ‘However, your request was disapproved on 12 October 1973, and on 19 November 1973, you were convicted by special court-martial (SPCM) of a 46 day period of UA, disrespect, and two instances of...