DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6615-13
8 July 2014
This is in reference to your application for correction of your
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 8 July 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,
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.
You enlisted in the Marine Corps and entered a period of active
duty on 21 June 1985. You received nonjudicial punishment on
four occasions for failure to go to your appointed place of
duty, disrespect, absence from your appointed place of duty,
escaping from lawful custody, breaking restriction,
impersonating a commissioned officer, and dereliction of duty.
You then requested an under conditions other than honorable
(OTH) discharge for the good of the service to avoid trial by
court-martial for wrongful use of cocaine. At that time, you
consulted with qualified military counsel and acknowledged the
adverse consequences of receiving such a discharge. The
separation authority approved your request for an under
conditions OTH discharge. On 14 December 1988, 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.
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
: 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 numerous acts of misconduct, drug abuse, 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 benefit of your bargain with the
Marine Corps when your request for discharge was granted and
should not be permitted to change it now. Regarding your
allegation, the Board found evidence in your record which is
contrary to it. You are advised that no discharge is
automatically 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.
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,
© Reet Sf
ROBERT D. 4SALMAN
Acting Executive Director
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 | 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 | 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 | NR5164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2014. 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 the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2013 | NR8150-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2014. 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 the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR7736 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2014. 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 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...
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 | NR3711-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your, application on 25 February 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record atic 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 | 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 | CY2010 | 07919-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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...