DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4176-01
25 October 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 24 October 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.
together with all material submitted in support
your application,
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 Navy on 19 July 1973 at
age 17.
convicted by a special court-martial of an unauthorized absence
of 145 days.
The record also reflects that from 16 December 1974 until 13 May
1975 you were an unauthorized absentee for a period of 147 days.
While the request is not in your record, it is presumed that you
submitted a written request for an undesirable discharge in order
It is
to avoid trial by court-martial for the foregoing offense.
also presumed that prior to submitting this 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
It appears that your request was
accepting such a discharge.
granted and, as a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
The
of a punitive discharge and confinement at hard labor.
record clearly shows that on 10 July 1975 you received an
The record reflects that on 3 October 1974 you were
undesirable discharge for the good of the service in order to
escape trial.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge to
avoid trial for an unauthorized absence of more than four months
and your prior unauthorized absence of more than four months.
The Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
you escaped the possibility
was approved since, by this action,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
The Board concluded that your
permitted to change it now.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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.
The names and
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 | CY2006 | 10326-06
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 22 September 1972 at age 17. The Board found that these...
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 | 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 | CY2002 | 04695-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 31 March 1975 your request for discharge was approved by the discharge authority. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
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 | 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 | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also 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, confinement at hard labor and a punitive discharge. ...
NAVY | BCNR | CY2007 | 00467-07
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. Furthermore, 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...
NAVY | BCNR | CY2002 | 04840-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The punishment imposed was 5 days of On 19 December 1973 you again On 20 March 1974 you received NJP for a 19 day period of unauthorized absence from 28 February to 18 March 1974 and missing ship's movement. ...