DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WAS~~INGT~N
Dc
20370-5100
CRS
Docket No: 8299-98
27 May 1999
Dear
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
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 26 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
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 reported to active duty on 12 August
64 days.
The record reflects that from 16 December 1989 to 20
The Board found that you enlisted in the Naval Reserve on 19
January 1988 at age 18.
1988.
February 1990 you were an unauthorized absentee for
it is presumed that you
While the request is not in your record,
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for the foregoing
offense.
request and in accordance with applicable directives, 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, as a result of this action, you
were spared the stigma of a court-martial conviction and
potential penalties of a punitive discharge and confinement at
hard labor.
received an other than honorable discharge for the good of the
service in order to escape trial.
The record clearly shows that on 12 April 1990 you
It is also presumed that prior to submitting this
The Board found that
such as your youth and immaturity
However, the Board found these factors were not
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that your alcohol abuse contributed to your
misconduct.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
absence of about two months.
considerable clemency was extended to you when your request to
avoid trial by court-martial was approved since by this action,
you escaped the possibility of confinement at hard labor and a
Further, the Board concluded that you
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
In this regard, alcohol abuse does not excuse misconduct.
now.
Therefore, the Board concluded that your discharge was proper as
issued and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
The Board believed that
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
NAVY | BCNR | CY1999 | 07009-97
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 19 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. Board concluded that you received the benefit of your bargain when your request for discharge was granted and should not be permitted to...
NAVY | BCNR | CY1998 | 01657-98
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. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct'and especially...
NAVY | BCNR | CY2002 | 01386-02
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. Your request was granted and, as a result of this court- Prior to You received the other than honorable In its review of your application the Board carefully weighed all potentially mitigating factors, and the contention that alcohol abuse caused your misconduct. Consequently, when applying...
NAVY | BCNR | CY2002 | 07027-00
You were discharged on 12 May 1978. found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for the offenses. There is no evidence in the record, and showing that alcohol abuse was a factor Further, the Board concluded that you received the The Board is-also aware that regulations state The Board believed that considerable clemency was The Accordingly, your...
NAVY | BCNR | CY1999 | 07430-97
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 1999. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings 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. The Board found that...
NAVY | BCNR | CY2002 | 03535-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, the Board concluded that the other than honorable discharge was appropriate given your request for discharge in lieu of trial for two instances of assault, breach of the peace, wrongful use of marijuana, believed...
NAVY | BCNR | CY2006 | 02415-06
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 Marine Corps on 10 August 1988 at the age of 18 and served for nearly a year...
NAVY | BCNR | CY2006 | 07612-06
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 23 May 1980 at age 19. As a result of this action, you were spared the...
NAVY | BCNR | CY2005 | 02292-05
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. In addition, there is no evidence in the records to show that you abused drugs or alcohol while in the service.’ Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to...
NAVY | BCNR | CY2006 | 08417-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2007. 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...