DEPARTMENT OF THE NAV
RD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 27 August 1993, you were discharged under OTH conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and service in Desert
Shield/Desert Storm. Nevertheless, the Board concluaea these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct 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.
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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
ROBERT J. O'NEIL
Executive Direct
ee
NAVY | BCNR | CY2002 | 06263-01
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 2 March 1975 Your military record shows that you submitted a written request for an undesirable discharge in order to avoid trial by court- martial for the foregoing period of absence of about seven years. The Board concluded that your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2013 | NR8410 13
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. Shortly thereafter, on 25 September 1991, you began another period of UA that was not terminated until 28 January 1992, During the latter period of UA totalling 125 days, you were declared a deserter. Consequently, when applying - for a correction of an official -naval record, the burden...
NAVY | BCNR | CY2010 | 11145-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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...
NAVY | BCNR | CY2009 | 10493-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. 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 | CY2006 | 05838-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 November 2006. On 29 July 1971 you were convicted by civil authorities of trespassing. Finally, even if you were not in the hands of civil authorities during the entire period from 1973 to 1975, you were either in the hands of civil authorities or in a deserter status.
NAVY | BCNR | CY2012 | 09702 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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. You were also in an unauthorized absence (UA) status for a period of six days for which no disciplinary action was taken.
NAVY | BCNR | CY2009 | 02815-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 06473-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 2010. As a result, on 21 March 1978, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing three periods of UA totalling 31 days and desertion resulting from a 127 day period of UA. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2003 | 01469-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your conviction by a general court-martial of a very lengthy period of desertion. 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 | 07461-08
Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your daughter’s naval record, and applicable Statutes, regulations, and policies. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA which resulted in your request for discharge to avoid trial by court- martial. ...