DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 309-11
17 October 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 12 October 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 13
February 1974. You received nonjudicial punishment and were
convicted by a summary court-martial. Your offenses included
damaging government property and wrongful possession of .9
grams of marijuana. You later requested an under conditions
other than honorable (OTH) discharge for the good of the
service to avoid trial by court-martial for wrongful possession
of marijuana. 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 28
November 1975, you were separated with an under conditions OTH
Gischarge 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 current desire to upgrade your discharge so you can
receive veterans’ benefits. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to your acts of
misconduct 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.
Tt 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,
Yan
W. DEAN P
Executive rector
Se
NAVY | BCNR | CY2010 | 08308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 08439-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. On 7 May 1976, you were separated with an under conditions OTH discharge for the good of the service to avoid trial by court-martial.
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...
NAVY | BCNR | CY2010 | 09885-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR3579-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 19 February 2014. 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 then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court- Martial for three...
NAVY | BCNR | CY2010 | 11965-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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. On 31 January 1983, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
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 | 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 | 07192-10
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 10 August 1969, you received NJP for being UA one day. Your request for discharge was granted and on 4 May 1970, you received an OTH discharge for the good of the service an.
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...