DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5678-13
23 May 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 21 May 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 reenlisted in the Marine Corps on 24 December 1970 after
more than three years of prior honorable service. You received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for 1 day. On 19 July 1971, you made a written
request for an other than honorable (OTH) discharge to avoid
trial by court-martial for six instances of failure to go to
your appointed place of duty, theft of a government check,
forgery of government check and a two day 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 OTH characterization of service. Asa
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 25 August 1971, you
were discharged with an OTH discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your prior honorable and Vietnam 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 an NJP 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 a fundamental tenet of military administrative law that a
Marine's service is characterized based on his record in the
current enlistment. The Board believes that under current
regulation you may be eligible for veterans’ benefits which
accrued during your first period of service. Whether or not you
are eligible for benefits is a matter under the cognizance of
the Department of Veterans Affairs (DVA), and you should contact
the nearest office of the DVA concerning your right to apply for
benefits. Se
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,
TTR RLY Fo
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR5894 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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. From 22 July 1969 through 16 September 1970, you were UA from your unit on five occasions totaling a period of 320 days.
NAVY | BCNR | CY2013 | NR8781 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 then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court- martial for a 310 day period of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
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...
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 | CY2013 | NR5616 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. The Board concluded that you received the benefit of your bargain with the Marine Corps when you were discharged at your request rather than being...
NAVY | BCNR | CY2013 | NR3686 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. On 20 June 1977 a panel of the Naval Discharge Review Board {NDRB}, convened under the Special Discharge Review Program (SDRP) and upgraded your undesirable discharge to general under honorable conditions. the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in an...
NAVY | BCNR | CY2010 | 00019-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 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 14 May 1974, you were returned to military authority by the Allegheny County Jail, in Pittsburgh, Pennsylvania.
NAVY | BCNR | CY2009 | 10686-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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 15 December 1970, you submitted a written request to be discharged for the good of the service to avoid trial by court-martial for the periods of UA.
NAVY | BCNR | CY2013 | NR7833 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2014. Subsequently, your request for discharge was granted and, on 19 April .1996, you received an OTH discharge in lieu of trial by court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the .
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...