DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 4986-13
31. January 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 29 January 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.
You enlisted in the Marine Corps and began a period of active
duty on 10 December 1975 at age 19. On 2 November 1976, you
- received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty. On 3 November 1976, you were convicted
by summary court-martial (SCM) of unauthorized absence (UA) from
your unit for a period of 21 days. You again received NJP on.
two occasions for. UA from your unit for a period of 23 days and
failure to go to your appointed place of duty. On 30 November
1977, you were convicted by special court-martial (SPCM) of UA
from your: unit for a period of 60 days. The sentence imposed
was confinement at. -hard labor, a forfeiture of pay anda
reduction in paygrade. On 20 December 1977, you.were UA from
your unit until you surrender on 15 March 1978, a period of 85
days. On 23 March 1978, you made a written request for
4
discharge for the good of service to avoid trial by court-
martial for the- foregoing period of UA. 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 commanding officer directed
your other than honorable (OTH) discharge. 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 14. April 1978, you were
discharged with an OTH characterization of service. os
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 of
your misconduct that resulted in three NJPs, an SCM, an SPCM,
periods of UA totaling over six 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,
ROBERT D. “SALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR8164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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...
NAVY | BCNR | CY2008 | 01837-08
You were subsequently assigned to an infantry unit at Camp Pendleton. The Board also 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. 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 | CY2009 | 09505-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 16 June 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 23 August 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2002 | 05223-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2001. Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the lengthy periods of UA and your request for discharge to avoid trial for these periods of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2001 | 01699-01
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your nava.l record, and applicable statutes, regulations, and policies. Your record reflects that on 25 April 1974 you received nonjudicial punishment (NJP) for a three day period of unauthorized absence (UA) and were awarded a reduction in rank. On 21 March 1978 you discharge authority denied this request.
NAVY | BCNR | CY2010 | 01347-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 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. 23 February 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2008 | 05980-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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 15 June 1978, you requested an OTH discharge for the good of the service to avoid trial by court-martial for the 298 day period of UA.
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 | 05287 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 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 | CY2007 | 05265-07
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.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 29 September 1976 at age 19. During the period from 31 May 1977...