DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06920-10
23 March 2011
This is in reference to your application for correcti
naval record pursuant to the provisions of Title 10,
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 27 July 1971, and served
without disciplinary incident until 24 July 1972, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order. Shortly thereafter, you received the following
disciplinary actions: on 9 July 1974, you received NJP for two
specifications of unauthorized absence (UA), disrespect, and
willfully disobeying a lawful order; on 21 October 1974, you
received NUP for UA, dereliction of duty, disobeying a lawful
order, disrespect, and communicating a threat; and on 23 January
1975, you were convicted at a special court-martial of provoking
speech or gesture and assault. In addition, you were pending a
court-martial for three specifications of possessing, using and
selling a controlled substance (marijuana). However, you
requested through counsel, to be separated to escape a trial by
court-martial. Your reques
you were separated with an other than honorable
t was approved and on 27 June 1975,
(OTH) discharge
and an RE-3D reenlistment code, in lieu of a trial by court-
martial. As a result of this action, you were spared the stigma
of 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 and application,
carefully weighed all potentially mitigating factors, such as
your claim the charges were greatly exaggerated and that you were
not fairly represented. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your 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 clear to the Board that you
received the benefit of “your bargain with the Marine Corps when
your request for discharge was granted and you 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 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 PFRIF
Executive D&Xt
NAVY | BCNR | CY2010 | 03857-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 26 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your four NUPs,...
NAVY | BCNR | CY2011 | 00344-11
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. On 17 duly 1975 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for a 26 day...
NAVY | BCNR | CY2010 | 09065-10
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 28 February 1974, you received NUP for a seven day UA period. 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 | 09068-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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. Your request for discharge was granted and on 7 November 1975, you received an OTH discharge for the good of the service.
NAVY | BCNR | CY2010 | 07199-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. Your request for discharge was granted and on 18 June 1974, you received an OTH discharge for the good of the service in lieu of trial by court-martial.
NAVY | BCNR | CY2010 | 06004-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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 | 05198-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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 submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the periods of UA.
NAVY | BCNR | CY2007 | 08741-07
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 5 November 2008. 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 a result, on 28 February 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial...
NAVY | BCNR | CY2008 | 05027-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2009. 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 | 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...