DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 11508-10
4 August 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 2 August 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 and began a period of active
duty on 11 October 1974. The Board found that you received
nonjudicial punishment (NUP) for wrongful possession of
Marijuana. On 30 August 1975, you submitted a written request
for a good of the service discharge in order to avoid trial by
court-martial for two specifications of assault. 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
September 1975, you received an other than honorable discharge
for the good of the service 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 record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in an NJP for drug
possession, charges being preferred to a court-martial for very.
serious offenses, and request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge was approved. The Board also concluded 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. 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 P EB
Executive Ditréc
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 | 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 | 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 | CY2010 | 08383-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 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 30 August 1977, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for the...
NAVY | BCNR | CY2010 | 06920-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2012 | 04875 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 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. On 11 September 1974, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the 449 days 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 | CY2010 | 12122-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NUP’s, conviction by SPCM of a lengthy period of UA, and your request for discharge to avoid trial for a period of UA lasting over 15 months. Consequently, when applying...
NAVY | BCNR | CY2011 | 01781-11
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
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...