DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1245-01
22 June 2001
Your allegations of error and
Dear
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
application on 20 June 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.
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.
The Board found that you enlisted in the Marine Corps on 24
January 1975 at age 21.
On 26 January 1977 you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for unauthorized absences totalling
557 days.
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, as a
court-
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
than honorable discharge on 16 February 1977.
In its review of'your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
absences
totalling more than 18 months.
You received an other
such as your youth and
The Board believed that
Further, the Board concluded
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.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
Therefore, the Board concluded that no change to the
it now.
discharge is warranted.
Accordingly, your application has been
denied.
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
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
2
NAVY | BCNR | CY2001 | 03024-01
On 18 October 1977 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for unauthorized absences totalling 119 days. factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of about four months and your two prior nonjudicial punishments. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2001 | 00803-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 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. 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 | CY2001 | 04851-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing two periods of UA. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2001 | 06905-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 June 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences totalling more than four months, and prior...
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 | CY2001 | 04936-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on'19 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Doc,umentary 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,...
NAVY | BCNR | CY2001 | 07411-01
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. 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. Consequently, when applying for a...
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 | CY2001 | 00267-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 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. 1978 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...
NAVY | BCNR | CY2002 | 05223-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2001. Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the lengthy periods of UA and your request for discharge to avoid trial for these periods of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...