DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5017-13
30 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 23 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.
You enlisted in the Marine Corps on 25 October 1974 and
immediately began a period of active duty. During the period
from 8 April to 30 June 1975, you received nonjudicial punishment
{(NJP) on three occasions for aggravated assault and two periods
of failure to go to your appointed place of duty. You were also
convicted by special court-martial (SPCM) of two specifications
of assault, damage to government property, and communicating a
threat.
During the period from 3 March to 12 April 1976 you were in an
unauthorized absence (UA) status on three occasions for 37 days
and were declared a deserter. As a result, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial. 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
April 1976 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
SUPEicient’to“Wasrant recharacterization of your discharge
because of the seriousness of your misconduct, which resulted in
three NUPs, an SPCM, and repetitive 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. 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. Finally, no
discharge is automatically upgraded due solely to an individual's
post service situation. 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,
TRS |
ROBERT D. ~ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR4986-13
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. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge...
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 | CY2011 | 04114-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 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. Shortly thereafter, on 9 March 1976, you submitted a written request for an other than honorable discharge in order to avoid trial...
NAVY | BCNR | CY2010 | 01562-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. On 9 July 1976 you submitted a written request for immediate execution of the BCD.
NAVY | BCNR | CY2013 | NR4120 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 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 on 4 February 1977.
NAVY | BCNR | CY2009 | 12082-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2010. Documentary material considered by the Board consisted of your application, together with ali 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 | CY2001 | 00975-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your applicatiofi on 10 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 1977 you were so discharged. 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 | 06011-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR3933-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2014. Documentary material considered by the Board consisted of your application, together with all — material submitted in support thereof, your naval record, and applicable. 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...
NAVY | BCNR | CY2006 | 08025-06
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 22 September 1975 at age 17. Nevertheless, the Board concluded...