DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 3905-10
27 December 2010
Ere
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 14 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Marine
Corps on 26 July 1974. You received nonjudicial punishment for
insubordinate conduct. You later requested an other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for failure to go to your appointed
place of duty (seven specifications), and disrespect toward a
noncommissioned officer. At that time, you consulted with
qualified military counsel and acknowledged the adverse
consequences of receiving such a discharge. The separation
authority approved your request for an OTH discharge. On 22
April 1975, you were separated with an OTH discharge for the
good of the service to avoid trial by court-martial. Asa
~
gs
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 entire record, carefully
considered all potential mitigation, such as your youth,
remorse, and belief that your discharge would be upgraded
automatically. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to your numerous acts of misconduct.
Furthermore, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial
by court -martiaBfwas approved. It was also clear to the Board
that yo veda veld 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. You are advised that no
discharge is automatically upgraded due merely to the passage
of time or post service good conduct. In view of the above,
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 | 09406-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 June 2010. On 1 March 1976, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a UA totaling 62 days. 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 | 01695-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. You later requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court- martial for a UA (334 days) which ended with your apprehension. 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 | CY2009 | 12909-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. 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. On 22 May 1973, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for UA (three...
NAVY | BCNR | CY2009 | 09197-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 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 | 01690-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. 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 | 01831-11
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 later requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for larceny from a Marine Corps Exchange. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2010 | 05876-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2011. 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...
NAVY | BCNR | CY2010 | 07074-10
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. 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 are advised that no discharge is automatically upgraded due merely to the passage of time...
NAVY | BCNR | CY2010 | 01754-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 November 2010. You later requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a UA (875 days). 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 | CY2009 | 08180-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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 6 January 2000, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for an...