Search Decisions

Decision Text

NAVY | BCNR | CY2011 | 01577-11
Original file (01577-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

REC
Docket No: 03577-11
16 February 2012

 

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 15 February 2012. 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 24 July 1989, at the age of
19. On 10 March 1992, you submitted a request for a good of the
service discharge in order to avoid trial by court-martial for
writing seven worthless checks in the amount of $1,300.00 to the
Navy Federal Credit Union. 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 17 April 1992, you received an
other than honorable discharge (OTH) for the good of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct, 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.
Further, you are advised that there is no provision in the law
or Navy regulations that allows for recharacterization of your
discharge automatically due solely to the passage of time.
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,

\pWoues
W. DEAN
Executive Dite

Similar Decisions

  • NAVY | BCNR | CY2011 | 06168-11

    Original file (06168-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 2012. 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 | CY2011 | 05839 11

    Original file (05839 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2012. 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 | CY2012 | 01120 12

    Original file (01120 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. 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 15 December 1995, you received an OTH discharge for the good of the service in lieu of trial...

  • NAVY | BCNR | CY2011 | 04847-11

    Original file (04847-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. 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 19 May 1993, 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 | 01690-10

    Original file (01690-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 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. 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 | CY2009 | 03351-09

    Original file (03351-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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. 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 | CY2009 | 10777-09

    Original file (10777-09.pdf) Auto-classification: Denied

    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. Subsequently, your request for discharge was granted and you received an other than honorable discharge in lieu of trial by court-martial on 3 April 1992. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY2012 | 00913 12

    Original file (00913 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. 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 UA periods...

  • NAVY | BCNR | CY2012 | 00305 12

    Original file (00305 12.pdf) Auto-classification: Denied

    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 5 February 1976, you submitted a request for a good of the service discharge in order to avoid trial by court-martial for the period of UA. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your UA that lasted...

  • NAVY | BCNR | CY2011 | 11827 11

    Original file (11827 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2012. 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 conviction by...