DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 .
SN
Docket No: 04261-12
14 March 2013
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 March 2013. . 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 27 June 1988. On 28 December 1988 and 14 March 1990, you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty and uttering a check with insufficient
funds. Based on the information currently contained in your
record it appears that you submitted a written request for a good
of the service discharge in order to avoid trial by court-martial
for 53 days of unauthorized absence. Prior to submitting this
, request for discharge, you would have conferred with a qualified
“military lawyer, been advised of your rights, and warned of the
: —probable adverse consequences of accepting such a discharge.
Tt also appears that your request for discharge was granted since
you received an other than honorable discharge for the good of
-the service in lieu of trial by court-martial on 26 October 1990.
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, record of
service, post service accomplishments, and character letter from
the American Legion. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your two NJUP‘s, and your request for discharge to
avoid trial. 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,
\
Executive |
NAVY | BCNR | CY2010 | 03910-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 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. On 4 June 1990 you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court - Martial for the...
NAVY | BCNR | CY2009 | 07480-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your daughter’s 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 | 06467-08
Documentary material considered by the Board: consisted of your application, together with all material submitted in support thereof, your daughter’s 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 served without disciplinary incident until 15 July 1989, when you received...
NAVY | BCNR | CY2013 | NR5164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. 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 | CY2006 | 02415-06
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 10 August 1988 at the age of 18 and served for nearly a year...
NAVY | BCNR | CY2010 | 10462-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 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. Your request for discharge was granted and on 8 October 1990, you received an other than honorable discharge for the good of the service in lieu of trial by...
NAVY | BCNR | CY2008 | 07887-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2009. On 1 March 1988, you were counseled regarding deficiencies in your performance and conduct, warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge, and informed where substance abuse assistance was available. On 13 June 1988, you requested an OTH discharge for the good of the service to...
NAVY | BCNR | CY2007 | 09494-07
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. In April 1990 you were an unauthorized absentee for about 18 days and missed movement of your unit.Your military record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the 18 day period of...
NAVY | BCNR | CY2002 | 07019-02
than honorable discharge on 5 June 1990. assigned an RE-4 reenlistment code. Your request was granted and, as a You received the other At that time, you were The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged in lieu of court-martial. 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.
NAVY | BCNR | CY2011 | 04540-11
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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...