Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 03960-07
Original file (03960-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 CRS
 Docket No: 3960-07
27 March 2008






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 26 March 2008. 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 25 September 1974. On 10 October 1974 you received nonjudicial punishment for a brief unauthorized absence.
On 1 March 1976 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for unauthorized absences of a total duration of 380 days. Prior to submitting this request you conferred with a qualified military lawyer who advised you of your rights and warned of the probable adverse consequences of receiving an undesirable discharge. Your request was approved by the discharge authority, and you received an undesirable discharge on 26 March 1976.
The Board concluded that your service was properly characterized with an undesirable discharge given your repeated unauthorized absences. In addition, it found that considerable clemency was extended to you when your request for discharge was approved since, by that action, you avoided the possibility of a Federal conviction, confinement at hard labor and a punitive discharge. Further, you received the benefit of your bargain, and should not be permitted to change it now.
The Board did not accept your unsubstantiated contentions to the effect that you absented yourself without authority because you had been injured by a drill instructor and that you were discriminated against because you are from Puerto Rico.
In view of the foregoing, 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 | CY2002 | 03000-02

    Original file (03000-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. your request was granted on 25 March 1976 and, as a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of...

  • NAVY | BCNR | CY2007 | 09495-07

    Original file (09495-07.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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 1 March 1974 at age 17. Further, the Board concluded that you...

  • NAVY | BCNR | CY2001 | 07624-00

    Original file (07624-00.pdf) Auto-classification: Denied

    The Board You received an undesirable discharge However, the Board found that these factors were not such as your youth and The Board believed that considerable clemency was and the two previous disciplinary In its review of your application the Board carefully weighed all potentially mitigating factors, immaturity. sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than a month, actions. ...

  • NAVY | BCNR | CY2005 | 03286-05

    Original file (03286-05.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, advisory opinion, 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 17 December 1973 at age 17 with parental...

  • NAVY | BCNR | CY2002 | 04854-02

    Original file (04854-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial was approved since, by this action, confinement at hard labor and a punitive discharge. ...

  • NAVY | BCNR | CY2002 | 06453-01

    Original file (06453-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 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 disciplinary action taken, paygrade E-l and a $50 forfeiture of However, the record does not reflect if any, for these periods of UA. Consequently, when...

  • NAVY | BCNR | CY2008 | 03044-08

    Original file (03044-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2008. The Board found those factors insufficient to warrant the upgrade of your discharge, given your extended periods of unauthorized absence. 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 | 02080-02

    Original file (02080-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 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. your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. discharge was...

  • NAVY | BCNR | CY2008 | 01852-08

    Original file (01852-08.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2010 | 12350-10

    Original file (12350-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your application on 17 August 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...