DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORDS
BOARD
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No:
4028-02
11 September 2002
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 10 September 2002.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
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.
You enlisted in the Navy on 23 June 1971 at age 18.
period from 15 May 1972 to 27 February 1973, you received
nonjudicial punishment on three occasions for three periods of
unauthorized absence totaling about 22 days and disobedience.
Subsequently, you were an unauthorized absentee from 5 March to 3
April 1973 for which there is no disciplinary action in the
record.
During the
Your
On 5 April 1973 you began a period of unauthorized absence that
lasted until you were apprehended on 19 April 1978.
military record shows that you submitted a written request for a
discharge under other than honorable conditions in order to avoid
trial by court-martial for the foregoing five year period of
Prior to submitting this request, you
unauthorized absence.
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 on
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
You were discharged on 25
July
19 July 1978 and, as a result of
The Board found that
1978.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, desire for
medical care and your contention that you were told that the
discharge would be automatically upgraded.
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 offense.
is no provision in the law or regulations that would allow for
the automatic recharacterization of a discharge based on the
passage of a period of time.
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
Further, the Board concluded
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and you should not be permitted to
change it now.
The Board concluded that your discharge was
proper as issued and no change is warranted.
The Board believed that
The Board found that
There
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
NAVY | BCNR | CY2001 | 01699-01
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your nava.l record, and applicable statutes, regulations, and policies. Your record reflects that on 25 April 1974 you received nonjudicial punishment (NJP) for a three day period of unauthorized absence (UA) and were awarded a reduction in rank. On 21 March 1978 you discharge authority denied this request.
NAVY | BCNR | CY2008 | 03209-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. 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 January 1978 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for a 335 day...
NAVY | BCNR | CY2001 | 04945-01
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 record clearly reflects that on 3 September 1981 you were issued an other than honorable discharge for the good of the service to escape trial by court-martial. Prior to submitting this However, the Board The Board, in its review of your entire record and application, carefully...
NAVY | BCNR | CY2006 | 10352-06
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. Nevertheless, the Board found these factors were not sufficient to warrant recharacterization of...
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 | CY2005 | 06805-05
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. Your military record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the two periods of unauthorized’ absence totaling about 720 days and the period of desertion totaling about 4193 days. You were...
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 | CY2011 | 01808-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on § November 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. You then requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court-martial for...
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 | CY2001 | 08435-00
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. 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 absences totalling over three months. Consequently, when applying for a correction of an official naval record,...