DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 624-12
16 October 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 11 October 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 28 February 1969 at age 18. You received nonjudicial
punishment (NUJP) on two occasions for three instances of
unauthorized absence (UA) from your unit for a period totaling
96 days and breaking restriction. On 19 March 1970 you were UA
from your unit until you surrendered on 8 April 1970, a period
of 20 days. On 21 April 1970, you were again UA from your unit
until you surrendered on 25 May 1970, a period of 34 days. 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 instances of UA from your unit for a period
totaling 54 days. 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 separation authority directed your OTH
discharge. On 19 June 1970, you were discharged under OTH
conditions. 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 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 ar
your misconduct that resulted in two NUPs, periods of UA that
totaled over five months 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,
Tage Re SS ned
ROBERT D.~2ZSALMAN
Acting Executive Director
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 | CY2010 | 07395-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2011. Documentary material considered by together with all the Board consisted of your application, 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 | 05832-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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 | CY2010 | 03722-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 12 January 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...
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 | 02555-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 03441-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2009. 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 9 December 1992, the separation authority approved the discharge recommendation, but the separation action was subsequently suspended due to...
NAVY | BCNR | CY2009 | 09498-09
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. The Board believes that you may be eligible for veterans’ benefits which accrued during your prior period of honorable service. 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 | CY2011 | 00141-11
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 28 September 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NUP’s, a...
NAVY | BCNR | CY2011 | 01209-11
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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...