DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
31 October 2001
5492-01
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 30 October 2001.
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 documentation to support the
You enlisted in the Marine Corps on 16 January 1976 at age 19.
Beginning on 18 October 1976 and continuing through 14 August
1979, you were an unauthorized absentee on five occasions
totaling about 963 days.
discharge processing is not filed in your record.
DD Form 214 shows that you were discharged for the good of the
service to avoid trial by court-martial,
some of the periods of unauthorized absence.
Therefore, the
Board assumed that you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for periods of unauthorized absence.
Regulations required that
prior to submitting such a request, you confer with a qualified
military lawyer, and be advised of your rights and warned of the
probable adverse consequences of accepting such a discharge.
Board found that when your request was granted you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
The record shows that the discharge under other than honorable
conditions was issued on 21 September 1979.
The
However, the
presumably for at least
such as your youth and your
The Board found that
In its review of your application the Board carefully weighed all
potentially mitigating factors,
expression of regret for your actions.
these factors were not sufficient to warrant recharacterization
of your discharge given your record of unauthorized absences, and
especially your request for discharge to avoid trial for the
offenses.
The Board believed that considerable clemency was
extended to you when the 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.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
concluded that your discharge was proper as issued and no change
is warranted.
Further, the Board concluded that you received the
The Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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 | 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 | CY2006 | 07820-06
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 18 August 1976 at age 18. During this period of UA, you were convicted by...
NAVY | BCNR | CY2005 | 08635-05
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.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 Navy on 7 September 1976 at age 19. Your military record shows that you...
NAVY | BCNR | CY2006 | 04666-06
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 1 May 1975 at age 17. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2013 | NR8164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. 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...
NAVY | BCNR | CY2002 | 07094-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 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. You received the undesirable discharge on court- However, the Board found that these factors were not such as your youth and Further, the Board concluded that...
NAVY | BCNR | CY2010 | 01562-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. 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 9 July 1976 you submitted a written request for immediate execution of the BCD.
NAVY | BCNR | CY2002 | 00909-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. day period of UA that was not terminated until you were apprehended on 29 September 1976. submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the two periods of UA totalling...
NAVY | BCNR | CY2001 | 00945-01
A'three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2001. 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. discharged.
NAVY | BCNR | CY2001 | 04600-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 and disobedience, and your three prior...