DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10956-10
27 July 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 26 July 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 enlisted in the Marine Corps and entered active duty on 5
March 1979. You received nonjudicial punishment on four
occasions for a one day period of unauthorized absence (UA),
failure to go to your appointed place of duty (three
specifications), disrespect, and willfully disobeying a lawful
order (two specifications). 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. 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 5 November 1982, 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 potentially mitigating factors, such as your
youth and allegation that your misconduct was minor in nature.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your lengthy periods of UA totaling more than 11 months and
request for discharge. 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. 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,
LoSunk
W. DEAN PFEI
Executive Dikec
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 | 10909-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 a period of UA totaling 226 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 | 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 | 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 | 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 | CY2011 | 02970-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 December 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 four...
NAVY | BCNR | CY2011 | 00813-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 | CY2010 | 11379-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 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 are advised that no discharge is automatically upgraded due merely to the passage of time or post service good conduct.
NAVY | BCNR | CY2010 | 09625-10
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...