DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7830-98
7 May 1999
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
Your allegations of error and
application on 4 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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 27 December 1972 you
The punishment
On the
The Board found you enlisted in the Navy on 28 April 1972 at the
age of 18.
Your record shows that on 29 November 1972 you
received nonjudicial punishment (NJP) on two occasions for
wrongful distribution and removal of military property and a five
day period of unauthorized absence (UA).
received NJP for making a false signature.
imposed was restriction and extra duty for 30 days.
following day, on 28 December 1972, you began a 141 day period of
On 27 June 1973
UA that was not terminated until 17 May 1973.
you submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for the foregoing period of
Your record shows that prior to submitting this request, you
UA.
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.
June 1973, your request was granted and your commanding officer
was directed to issue you an undesirable discharge by reason of
As a result of this action, you were
the good of the service.
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On
discharged.
17 July 1973 you were issued an other than honorable
Subsequently, on 11
.
The Board further considered your contention
However, the Board concluded these factors
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you would like your
discharge upgraded.
that you made up for your lost time and completed your training
and term of service.
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your frequent misconduct,
especially your lengthy period of UA, and your request for
discharge to avoid trial for this offense.
The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved since,
by this action, you escaped the possibility of confinement at
hard labor and a punitive discharge.
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and should not
be permitted to change it now.
Given all the circumstances of
your case the Board concluded your discharge was proper as issued
and no change is warranted.
been denied.
Further, the Board
Accordingly, your application has
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,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY1999 | 07422-98
imposed was confinement for 30 days. On 9 December 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the foregoing period of UA. case the Board concluded your discharge was proper as issued and Accordingly, your application has been no change is warranted.
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 | CY2006 | 08965-06
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 24 January 1972 you enlisted in the Navy at age 19. Furthermore, the Board believed that...
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2006 | 04664-06
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 enlisted in the Navy on 1 August 1969 at age 18. After you were restored to duty you received...
NAVY | BCNR | CY2006 | 09812-06
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 1975 your request for an undesirable discharge was approved by the separation authority. 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 | CY2002 | 04946-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 4946-01 7 January 2002 Dea 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. the--Board for Correction of Naval A three-member panel of Records, sitting in executive session, considered your application on 3 January 2002. injustice were reviewed in accordance with...
NAVY | BCNR | CY2006 | 08896-06
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 8 August 1972 you enlisted in the Navy at age 19. On 26 June 1973 you were involved in a fight...
NAVY | BCNR | CY2001 | 04729-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 30 May The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, and...
NAVY | BCNR | CY2001 | 06606-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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...