DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7020-02
12 December 2002
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 2002.
Your allegations of error and
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.
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 Marine Corps on 24
August 1979.
when you submitten a written request for an other than honorable
discharge in order to avoid trial by court-martial for
unauthorized absences totalling 156 days, disobedience,. and
threatening to injure a fellow Marine.
Prior to submitting this
request you 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
Your request
was granted and, as a result of 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.
received the other than honorable discharge on 10 February 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and personal problems.
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of the offenses that resulted in
You served without incident until 16 January 1981,
However, the Board found that these
a.discharge.
You
your discharge, especially unauthorized absences totalling more
The Board believed that considerable clemency
than five months.
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 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.
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
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2002 | 05336-02
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. not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for a two year period of unauthorized absence, actions. the Board concluded that no change to the discharge is warranted.
NAVY | BCNR | CY2002 | 05604-01
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. Subsequently, your request for discharge was granted The Board also you would not have committed However, the Board The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity and post service conduct. ...
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 | 00773-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings Board. The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and your contention that and immaturity, post service conduct, you sought other avenues so that you...
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 | CY2006 | 09204-06
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.On 29 September 1978 you enlisted in the Marine Corps at age 19 and served without incident until 9...
NAVY | BCNR | CY2002 | 03493-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. confinement at hard labor for 75 days, forfeitures of $382 per month for two months, On 10 November 1983, the convening authority approved the adjudged sentence and ordered its execution. You received the other...
NAVY | BCNR | CY2005 | 10449-05
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.The Board found that you reenlisted in the Marine Corps on 9 November 1979 after more than two...
NAVY | BCNR | CY2005 | 02292-05
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. In addition, there is no evidence in the records to show that you abused drugs or alcohol while in the service.’ 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...
NAVY | BCNR | CY2005 | 08716-05
The second period of absence was terminated by apprehension.The discharge package is not filed in your record, however, it appears 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. The Board found that these factors were not sufficient to warrant recharacterizatiOn of your discharge given your record of misconduct and especially your request for discharge to avoid...