DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2648-05
6 October 2005
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 5
October 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.
The Board found you enlisted in the Navy on 15 November 1971 at the
age of 21. On 12 April 1973 you received nonjudicial punishment (NJP)
for an unauthorized absence (UA) of about six days and missing the
movement of your ship.
On 7 May 1973 you began another period of UA that ended on 27 June
1973, a period of about 52 days. On 16 July 1973 you requested an
undesirable discharge for the good of the service to avoid trial by
court-martial for this UA. At this time you consulted with counsel,
and acknowledged the consequences of requesting and receiving such a
discharge. Subsequently, on 23 July 1973, your request was granted.
You were discharged on 26 July 1973 with an undesirable discharge. 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.
The Board, in its review of your entire record, carefully considered
all mitigating factors, such as your youth and your
contention that you deserve an honorable discharge because you did not have
a chance of going to court. However, the Board found the evidence and
materials submitted were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct, especially the UA
that resulted in your request for discharge. The Board believed that
considerable clemency was extended 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
Navy when your request for discharge was granted and you should not be
permitted to change it now. 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 PFEI] Executive Di:
2
NAVY | BCNR | CY2005 | 00847-05
1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2005. 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...
NAVY | BCNR | CY2006 | 08965-06
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 24 January 1972 you enlisted in the Navy at age 19. Furthermore, the Board believed that...
NAVY | BCNR | CY2006 | 08896-06
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 8 August 1972 you enlisted in the Navy at age 19. On 26 June 1973 you were involved in a fight...
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2006 | 04664-06
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.You enlisted in the Navy on 1 August 1969 at age 18. After you were restored to duty you received...
NAVY | BCNR | CY2006 | 09826-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 March 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 09812-06
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. On 4 June 1975 your request for an undesirable discharge was approved by the separation authority. 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 | CY2001 | 03167-01
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. 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 | CY2002 | 00909-02
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 | 04946-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 4946-01 7 January 2002 Dea 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. the--Board for Correction of Naval A three-member panel of Records, sitting in executive session, considered your application on 3 January 2002. injustice were reviewed in accordance with...