DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
18 April 2001
7027-00
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 April 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.
On 31 August 1976 you received nonjudicial
The Board found that you enlisted in the Marine Corps on 2 August
1976 at age 19.
punishment for disrespect.
On 20 March 1977 you began a period
of unauthorized absence which lasted until you surrendered on 13
April 1977.
unauthorized absence and remained absent until you surrendered
On 23 January 1978.
The next day you began another period of
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 foregoing periods of
unauthorized absence totaling about 308 days.
Your record also
shows that 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 a discharge.
was granted on 2 May 1978 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.
You were discharged on 12 May 1978.
The Board found that your request
The Board noted
You
The Board
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and low score on the aptitude test.
your contention that you only enlisted in the Marine Corps
because the judge gave you the option of enlisting or jail.
also claim that alcohol abuse led to your misconduct.
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
trial for the offenses.
you have submitted none,
in your case.
that alcohol abuse is not an excuse for misconduct and
disciplinary action is appropriate following alcohol related
misconduct.
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.
benefit of your bargain when your request for discharge was
granted and you should not be permitted to change it now.
Board concluded that your discharge was proper as issued and no
change is warranted.
There is no evidence in the record, and
showing that alcohol abuse was a factor
Further, the Board concluded that you received the
The Board is-also aware that regulations state
The Board believed that considerable clemency was
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2013 | NR4986-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 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. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge...
NAVY | BCNR | CY2007 | 08333-07
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 Marine Corps on 26 March 1976 at age 18. On 5 May 1978 you began a period of...
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 | 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 | CY2011 | 00141-11
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 28 September 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your two NUP’s, a...
NAVY | BCNR | CY2008 | 01837-08
You were subsequently assigned to an infantry unit at Camp Pendleton. The Board also 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 burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2009 | 01305-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 8 December 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 05980-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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 15 June 1978, you requested an OTH discharge for the good of the service to avoid trial by court-martial for the 298 day period of UA.
NAVY | BCNR | CY2009 | 09505-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 16 June 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 23 August 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2012 | 01331-12
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 2 October 2012. 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, your request for discharge was denied on 12 January 1977.