DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 5S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 6695-13
30 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 29 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice,
On 16 January 1974, you reenlisted in the Marine Corps after
serving over two years of honorable service. The Board found
that on 10 December 1974 and 19 March 1975, you received
nonjudicial punishment (NJP) for five days of authorized absence
(UA), two instances of disobedience, and being drunk on duty. oOn-
31 March 1975, you began a period of UA that lasted 238 days,
ending on 24 November 1975. On 16 December 1975, you submitted a
written request for a good of the service discharge in order to
avoia trial by court-martial for the 238 days cf UA. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the prebable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on
16 January 1975, you received an other than honorable discharge
for the good of the service in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, desire to upgrade your discharge and belief that your
characterization of service had changed. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your misconduct that
resulted in two NUP’s, charges being preferred to a court-martial
for a period of UA totaling over seven months, and request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board also 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. Finally,
you are advised that there is no provision of law or in Marine
Corps regulations that allows for recharacterization of a
discharge automatically due solely to the passage of time.
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. 4SALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR2331-13
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. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted...
NAVY | BCNR | CY2008 | 05027-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2011 | 02723-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct,...
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2007 | 06912-07
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.On 10 April 1973, you enlisted in the Marine Corps at age 17 with parental consent. On 23 May 1977,...
NAVY | BCNR | CY2002 | 05149-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your record also reflects that on 9 December 1974 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for two periods of UA totalling four days, absence from your...
NAVY | BCNR | CY2010 | 03857-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 26 January 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your four NUPs,...
NAVY | BCNR | CY2007 | 08741-07
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 5 November 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. As a result, on 28 February 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial...
NAVY | BCNR | CY2010 | 05198-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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. You submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the periods of UA.
NAVY | BCNR | CY2010 | 03027-10
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 & result, on 19 March 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court- martial for the three foregoing periods of UA totalling 376 days. Consequently, when applying for a correction of an official naval record, the burden is...