DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4847-11
22 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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. The names and votes of the
members of the panel will be furnished upon request. 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 2 November 1992 at age 17. On 10 February 1993, you
were in an unauthorized absence (UA) status from your unit until
you surrendered on 21 April 1993, a period of 70 days. 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 forgoing period of UA. Prior to submitting this
request you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
adverse consequences of accepting such a discharge. Your
request was granted and the commanding officer directed your OTH
discharge. 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. On 7
July 1993, you were discharged under OTH conditions.
The Board, in its review of your entire record and 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 given the seriousness of
your misconduct that resulted in over two months of UA and
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
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,
Wea Peel
W. DEAN PFEI
Executive rector
NAVY | BCNR | CY2011 | 03177-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. 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 | CY2007 | 05593-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 05935-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. On 11 February 1981, you 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 235 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...
NAVY | BCNR | CY2012 | 00617 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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. On 21 March 1984, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2011 | 04804-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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 25 June 1971, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2011 | 04820-11
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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 04352-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 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. 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 | 00703 12
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. 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 | 04023-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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. 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...
NAVY | BCNR | CY2012 | 00624 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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. On 4 June 1970, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for two...