DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 5893-01
14 December
200~
_
and
this
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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 12 December 2001.
Your allegations of error
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
W
Boara.
your application,
thereof,
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 28 February 1978
at the age of 23.
you
The record reflects that on 23 August 1979
received nonjudicial punishment for absence from your appointed
place of duty and failure to obey a lawful order on two
occasions.
On 4 March 1985 you submitted a written request for an other
than
honorable discharge in order to avoid trial by court-martial
an unauthorized absence from 26 December 1979 to 25 January 1985,
a period of about 1855 days.
Prior to submitting this request
you conferred with a
were advised of your rights and warned of the probable adverse
consequences of accepting such a discharge.
granted and,
stigma of a court-martial conviction and the potential penalties
and confinement at hard labor.
honorable discharge on 29 March 1985.
In its review of your application the Board carefully weighed all
for
qualified military lawyer at which time you
Your request was
as a result of this action, you were spared the
You received the other than
However, the Board found that these
such as your youth and immaturity
potentially mitigating factors,
and personal problems.
factors,were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for an
unauthorized absence of more than five years and a prior
disciplinary action.
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,
escap,ed the possibility of confinement at hard labor and a
you
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.
The Board concluded that your discharge was proper as
issued and no change is warranted.
has been denied.
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.
Accordingly, your application
The names and votes of the members of the panel
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2002 | 03087-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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. the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request...
NAVY | BCNR | CY2006 | 07249-06
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 27 September 1982 at age 18. Subsequently, your request for...
NAVY | BCNR | CY2008 | 08425-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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 each of the first four periods of unauthorized absence you were counseled, warned of the possible consequences of further misconduct,...
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 | CY2001 | 05492-01
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 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. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2002 | 05995-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2002. 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. Consequently,...
NAVY | BCNR | CY2013 | NR976 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2013. 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 requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court- Martial for three periods of...
NAVY | BCNR | CY2002 | 04442-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absence of more than two years and...
NAVY | BCNR | CY2010 | 10768-10
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 2011. 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 3 September 1985, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the...
NAVY | BCNR | CY2001 | 02960-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. was directed to issue you an other than honorable discharge by Your request was granted and your commanding officer Subsequently, you submitted a Prior to reason of the good of the service. Consequently, when applying...