- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
‘Docket No: 3579-13
20 February 2014
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 19 February 2014. 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,
_ Fegulations and policies. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 22 April 1987,
a copy of which is attached.
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 enlisted in the Marine Corps and entered a pericd of active
duty on 17 August. 1979. You received nonjudicial punishment on
two occasions and were convicted by civil authorities. Your
offenses included wrongful possession of marijuana, conspiracy -
to sell marijuana, wrongful sale of marijuana, and two periods
of unauthorized absence (UA) totaling 24 days. You then
requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
Martial for three periods of UA totaling 259 days. At that
time, you consulted with qualified military counsel and
discharge. The separation authority approved your request for -
an under conditions OTH discharge. On 16 October 1981, you were
separated with an under conditions OTH discharge for the good of
the 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. oO
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
"yg youth’ and: current desire to upgrade your discharge.
Nevertheless, ‘the Board concluded that these factors were not
". sufficient to warrant recharacterization of your discharge due
to your periods of UA totaling more than nine months, other
misconduct, and request for discharge. - Furthermore, the Board
believed that -considerable clemency was extended to you when
your request. for discharge to avoid trial by court-martial was
approved. It was also clear to the Board that you received the
upgraded due merely to the passage of time or post service good
conduct. In view of the above, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request. Accordingly, your application has been
denied, —
“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
Sincerely,
ROBERT. D. ZSALMAN
Acting Executive Director
Enclosure
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 | CY2010 | 09625-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. 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 | 08308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR6338 13
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. You were then notified that you were being administratively separated with an other than honorable (OTH) characterization of service due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2013 | NR2331-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 29 January 2014. 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...
NAVY | BCNR | CY2011 | 00597-11
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. On 23 March 1983, you made a written request for discharge for the good of service to avoid trial by court-martial for the foregoing periods of UA and wrongful use of marijuana. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2013 | NR3707-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. You then 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 79 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 or injustice.
NAVY | BCNR | CY2013 | NR3207-13
A three-member panel of the Board for Correction: of Naval Records, sitting in executive session, considered your application on 4 February 2014. discharge. of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2010 | 08958-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 April 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 | CY2013 | NR3445-13
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 23 March 1971, you were separated with an under conditions OTH discharge for the good of the service to avoid trial by 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...