DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5430-10
1 February 2011
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 1 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 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 27 October 1980.
You received nonjudicial punishment on four occasions for
disrespect toward a noncommissioned officer, driving under the
influence of alcohol, being intoxicated on duty, leaving your
post before being relieved, wrongful appropriation of a check
(two specifications totaling $100.17), and disobeying a lawful
order. You later requested an under conditions other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for 16 specifications of failure to go
to your appointed place of duty. 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 under conditions OTH
discharge. On 29 July 1983, you were separated with an under
conditions OTH discharge for the good of the service to avoid
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 entire record, carefully
considered all potential mitigation, such as your youth, desire
for veterans’ benefits, and character reference letters.
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-martial was
approved. It was also clear to the Board 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. 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 effieial
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,
Peaseuuiehat D
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 | 04276-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 | CY2010 | 07919-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 | 00309-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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 | CY2011 | 02643-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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. You then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for five...
NAVY | BCNR | CY2010 | 08832-10
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. Furthermore, the Board believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial was approved. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2010 | 08223-10
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. On 24 August 1973, you requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for two periods of unauthorized absence (UA) totaling 537 days. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2011 | 01314-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November 2011. You later requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for assault and aggravated assault. 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 | 10956-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2011. You then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for five periods of UA totaling 341 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 | 09614-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 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. You requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for two periods of...