DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 05258-12
27 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 26 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 13 April 1983. The Board found that on 16 December 1983,
you were convicted by summary court-martial (SCM) of 29 days of
unauthorized absence (UA). You received a reduction in paygrade,
a forfeiture of pay and confinement at hard labor. On 16 January
1984, you began a period of UA that lasted 138 days, ending on
3 June 1984. On 12 June 1984, you submitted a written request
for an other than honorable (OTH) discharge in order to avoid
trial by court-martial for 138 days of UA. 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.
Subsequently, your request for discharge was granted and, on
25 June 1984, you received an OTH discharge in lieu of 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, record of
service, post service accomplishments and desire to change your
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your SCM conviction, charges being
preferred to a court-martial for a period of UA totaling over
four months, 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. 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,
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2011 | 03851-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 | CY2009 | 11275-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 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 | CY2011 | 00082-11
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 found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...
NAVY | BCNR | CY2010 | 07011-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 2011. 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 a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court- martial for the period of...
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 | CY2013 | NR8219 13
THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014 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...
NAVY | BCNR | CY2012 | 00173 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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 | CY2010 | 08351-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that...
NAVY | BCNR | CY2012 | 05683 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2013. 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 | 05254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. Documentary material considered by the Board consisted Or your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policiés: After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...