DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE iui
ARLINGTON, VA 22204-2490
TAL
Docket No: 212-14
12 December 2014
bea:
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
3 December 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 consideréd 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 and began a period of active
duty on 5 August 1985. You served for four months without
disciplinary incident, but on 23 January 1986 you received
nonjudicial punishment for wrongful use of Phencyclidine (PCP).
On 5 February 1990, you made a written request for discharge for
the good of the service to avoid trial by court-martial for
wrongfully writing checks without sufficient funds. 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 other than honorable (OTH) discharge. 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 15 February 1990, 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. Nevertheless, the Board
concluded 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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 | CY2008 | 08492-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. 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. 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 | 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 | 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 | CY2010 | 03910-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. On 4 June 1990 you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court - Martial for the...
NAVY | BCNR | CY2010 | 11812-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 2011. You are advised that no discharge is automatically upgraded due merely to the passage of time or post service good conduct. 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 | 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 | NR6615 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...