DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 709-00
10 August 2000
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 August 2000.
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.
Your allegations of error and
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.
The Board found that you enlisted in the Marine Corps on 7 March
1972 at age
nonjudicial punishments.
absences totalling 41 days,
from your appointed place of duty,
The record reflects that you received six
The offenses included unauthorized
drunk and disorderly conduct, absence
ia.
and possession of marijuana.
Your military record shows that on 17 March 1975 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for unauthorized absences totalling 79
days and violation of a lawful general regulation.
also shows that 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.
was granted and, 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.
received an undesirable discharge on 28 April 1975.
The Board found that your request
Your record
You
However, the Board found that these factors were not
The Board also noted your six nonjudicial
The Board believed that considerable clemency was
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
absence of about two months and violation of a lawful general
regulation.
punishments.
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 punitive discharge.
Further,
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
permitted to change it now.
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.
Therefore, the Board concluded that
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
NAVY | BCNR | CY2002 | 03000-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2002. 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 request was granted on 25 March 1976 and, as a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of...
NAVY | BCNR | CY2005 | 00847-05
1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2005. 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 | CY2005 | 06434-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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 discharged on 11 June 1976.
NAVY | BCNR | CY2001 | 06415-99
Documentary material considered by the Board consisted of together with all material submitted in support Your allegations of error and 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. not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a...
NAVY | BCNR | CY2001 | 00791-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 2001. 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 17 October 1974 you were convicted by SCM of a 36 day period of unauthorized absence (UA).
NAVY | BCNR | CY2001 | 00975-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your applicatiofi on 10 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 1977 you were so discharged. 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 | 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 | CY2001 | 00611-99
Your military record shows that on 30 July 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for two periods of unauthorized absence Your record also shows that prior to totalling 44 days. On 20 September 1977 the Naval Discharge Review Board (NDRB) changed the characterization of the discharge to general under the provisions of the Special Discharge Review Program (SDRP). Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2000 | 02387-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 2001. 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 14 August 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court—martial for an unauthorized absence of...
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...