Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 00431-05
Original file (00431-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100
                 

TJR
 Docket No: 431-05
28 September 2005


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 27 September 2005. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 23 July 1984 after more than seven years of prior honorable service. You continued to serve without disciplinary incident until 10 January 1985, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and were awarded extra duty for 14 days and a suspended reduction in rate.
During the period from 14 January to 13 August 1985 you were in an authorized absence (tJA) status on five occasions for a total of 165 days. Although the discharge documentation is not in your record, it appears that you requested discharge for the good of the service to avoid trial by court-martial for these periods of UA. Regulations required that before making such a request, an individual be advised by military counsel concerning the consequences of such a request. Since the record shows that you
 were discharged by reason of good of the service to avoid trial on 9 October 1985, the Board presumed that the foregoing occurred in your case. Because you requested discharge in lieu of trial, you avoided the possibility of a punitive discharge and confinement at hard labor.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that your ability to serve was impaired by your alcohol and drug abuse. It also considered your assertion that you should no longer suffer the adverse consequences of an other than honorable discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive and lengthy periods of UA, which resulted in your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. The Board further concluded that you received the benefit of your bargain with the Navy when your request for discharge was granted and should not be permitted to change it now. Finally, there is no evidence in the record, and you submitted none, to support your assertion that your ability to serve was impaired by drug and alcohol abuse. Accordingly, your application has been denied.
The names and votes of the members of the panel 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.

                                                                                 Sincerely,

                                                               W. DEAN PFEIFFER
          Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 03845-07

    Original file (03845-07.rtf) Auto-classification: Denied

    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 Navy on 25 July 2000 at age 19. Because you requested discharge in lieu of trial,...

  • NAVY | BCNR | CY2006 | 08965-06

    Original file (08965-06.rtf) Auto-classification: Denied

    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 24 January 1972 you enlisted in the Navy at age 19. Furthermore, the Board believed that...

  • NAVY | BCNR | CY2006 | 07612-06

    Original file (07612-06.rtf) Auto-classification: Denied

    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 Navy on 23 May 1980 at age 19. As a result of this action, you were spared the...

  • NAVY | BCNR | CY2002 | 00909-02

    Original file (00909-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. day period of UA that was not terminated until you were apprehended on 29 September 1976. submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the two periods of UA totalling...

  • NAVY | BCNR | CY2002 | 03716-02

    Original file (03716-02.pdf) Auto-classification: Denied

    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 Documentary material considered by the Board consisted of Board. request was granted and your commanding officer was directed to issue you an other than honorable discharge by reason of good of As a result of the service in...

  • NAVY | BCNR | CY2001 | 01217-00

    Original file (01217-00.pdf) Auto-classification: Denied

    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. 1971 you were so discharged. 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 | CY2005 | 07800-05

    Original file (07800-05.rtf) Auto-classification: Denied

    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.The Board found you enlisted in the Marine Corps on 28 September 1982 at age 19. You were...

  • NAVY | BCNR | CY2001 | 02131-01

    Original file (02131-01.pdf) Auto-classification: Denied

    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 28 June 1979 you During the period from 22 July 1979 to 26 August 1980 you were in a UA status on five occasions for a total of 272 days. materials submitted were not sufficient to warrant recharacterization of your discharge given your lengthy periods of UA, and your request for...

  • NAVY | BCNR | CY2004 | 09459-04

    Original file (09459-04.rtf) Auto-classification: Denied

    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 7 October 1981 at age 19. Although the discharge documentation is...

  • NAVY | BCNR | CY2013 | NR5235 13

    Original file (NR5235 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 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. The Board further concluded that you received the benefit of your bargain with the Navy when your request.