DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No: 8568-00
19 July 2001
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 17 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.
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.
11 September 1970 to 27 July
Each of the periods of
A general
Subsequently, you were an unauthorized absentee
The Board found that you enlisted in the Marine Corps on 7 July
1968 at age 20.
from 12 March to 21 August 1970,
1971 and 4 October 1971 to 27 April 1972.
unauthorized absence was terminated by apprehension.
court-martial convened on 6 July 1972 and convicted you of the
three periods of unauthorized absence totaling about 687 days.
The court sentenced you, as mitigated,
and allowances, confinement at hard labor for 10 months and a bad
conduct discharge.
Review affirmed the proceedings but noted that your absences were
caused by your need to care for your sick mother and reduced the
period of confinement to seven months.
On 29 November 1972 you
elected to waive your right to request restoration to duty.
bad conduct discharge was issued on 19 December 1972.
Subsequently, the Navy Court of Military
to forfeiture of all pay
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, and your contention that you applied for a hardship
discharge due to your mother's illness and your unauthorized
absences were caused by the need to care for her.
The Board
The
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your lengthy
periods of unauthorized absence.
original sentence of the court-martial was relatively lenient and
it was further reduced on appellate review because of the illness
The Board concluded that the punishment was not
of your mother.
too severe given the offenses you committed.
The Board noted that the
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
DEPARTMENT OF THE
NAV Y
OFFICE OF THE SECRETAR
WASHINGTON. D.C. 2035
Y
0
12 July 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj:
REVIEW OF NAVAL RECORD
OH
I have reviewed the findings and conclusions of the Board
for Correction of Naval Records in the matter of
'i_ and have determined that additional relief is warranted.
mEx-YNl
was discharged at the expiration of his term of
.
.
19 years and eight months of active
. shall be retained on active duty until the member is
enlistment with approximately
Pursuant to 10 U.S.C. Sec. 1176(a), a regular
duty service.
enlisted member within two years of qualifying for retirement
"whose term of enlistment expires and who is denied reenlistment
.
qualified for retirement
. unless the member is sooner
retired or discharged under any other provision of law."
case, Mr.
two occasions, had applied to have his term of enlistment
extended in order to qualify for retirement.
improperly denied and those denials had the same legal effect as
if
Thus, Mr.
1176(a).
-had applied for and been rejected for reenlistment.
-was within the protections of 10 U.S.C. Sec.
was within this two-year "sanctuary" and, on
Both requests were
.
In this
I agree with the BCNR
Had
q requests to extend been granted as the law
Mr._ separation prior to his
requires, the Navy could have initiated action to separate him
for cause during the four-month extension.
w misconduct warranted such action and that, had
that Mr.
action been initiated, an administrative separation board would
likely have recommended
qualifying for a 20 year retirement.
different course and it is simply not possible to recreate that
I believe the only
scenario at this late date.
Consequently,
adequate remedy is to correct
Mr.- records to reflect
that his enlistment was extended as requested, that he
successfully completed this extended term of enlistment, and that
he qualified for retirement with 20 years of active duty service.
I further direct the Board to make any additional corrections
necessary to fully implement this decision.
However, the Navy chose a
NAVY | BCNR | CY2002 | 02277-00
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TRG Docket No: 2277-00 20 February 2001 Chairman, Board for Correction of Naval Records Secretary of the Navy RECORD 0 (a) Title 10 U.S.C. Petitioner had been retained on active duty as required by law, Since an she would have completed her service and been retired. This is consistent with the However, the Board notes .that if Board- ยง 1176 were applicable The Board notes the Therefore,...
NAVY | BCNR | CY2001 | 04126-01
S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 4126-01 21 November 2001 Dear w 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 14 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the...
NAVY | BCNR | CY2001 | 06404-00
6404-00 11 June 2001 Dear This is in reference to naval record pursuant to the provisions of Title 10, United States Code, Section 1552. y'our application for correction of your A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 6 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...
NAVY | BCNR | CY2001 | 04933-01
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. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2001 | 06829-00
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting that his naval record be corrected by setting aside the general discharge of 9 September 1999 and showing that he continued to serve on active duty until the date he was eligible to transfer to the Fleet Reserve and, on that date, was so transferred with an honorable characterization of service. pay.13 1160.5C states that Chief of Naval 5 1174(b) states that a...
NAVY | BCNR | CY2006 | 06836-06
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your Na al 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 | CY2007 | 01875-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. Your military record shows that you submitted a written request for an undesirable discharge in order to avoid trial by court- martial for escape,...
NAVY | BCNR | CY2010 | 07123-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
ARMY | BCMR | CY2013 | 20130012388
The applicant provides: * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 13 December 1992, and related documents * DA Form 4697 (Department of the Army Report of Survey), dated 6 January 1993, and related documents * DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 24 January 1993 * an undated memorandum to the applicant, subject: Reduction Under Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and...
NAVY | BCNR | CY2001 | 03202-01
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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 3 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. discharge authority approved the request...