DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4902-13
29 April 2014
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 April 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 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, 7“ e .
You enlisted in-the Marine Corps and began a period of active
duty on 28 December 1971. You served for about seven months
without disciplinary infraction, . but during the period from 4
July 1972 to 31 July 1973, you were in an unauthorized absence
(UA) status on two occasions. AS a result, on 14 September 1973,
you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial for the
foregoing periods of UA totalling 340 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.
Subsequently, your request was granted: and the commanding officer
was directed to issue you an other than honorable discharge by
reason of the good of the service. 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 27 September 1973 you were issued an other than
honorable discharge. ,
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy periods of UA which
resulted in your 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 you should not be permitted to change it now. 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
existence of probable material error or injustice.
Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR7897 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2014. . As a result of these periods of UA totalling 182 days, on 2 May 1974, you submitted a written request for an other than honorable discharge in order 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 material error or...
NAVY | BCNR | CY2013 | NR9300 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 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. Your request for discharge was granted and on 25 May 1973, you received an other than honorable discharge for the good of the service in lieu of...
NAVY | BCNR | CY2013 | NR4315 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 20 February 1973, you made a written request for discharge for the good of service to avoid trial by court-martial for failure to go to your...
NAVY | BCNR | CY2013 | NR5590 13
‘ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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. On 17 October 1974, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for two periods...
NAVY | BCNR | CY2013 | NR5666 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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. 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 | NR3116-13
A three- -~member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2014.. On 30 November 1976 you received your ninth NJP for a six day period of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant.
NAVY | BCNR | CY2007 | 10150-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 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. On 5 October 1973, you requested an undesirable discharge (UD) for the good of the service to avoid trial by court-martial for the 134 day period of UA.
NAVY | BCNR | CY2008 | 05238-08
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 09060-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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. 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 | CY2008 | 08694-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval health record, 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 existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on...