Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 05162-07
Original file (05162-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 SMW
 Docket No: 5162-07
18 January 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, , s itt ing in execute session , considered 50L11 application on 16 January 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 9 August 1963, you were commissioned as an officer in the Navy after a prior period of honorable service in the Naval Reserve. On 24 May 1968, you submitted your resignation and requested an other than honorable (0TH) discharge for the good of the service to avoid trial by court-martial for charges of making false official statements by making and signing a false leave document. On 15 July 1968, the Secretary of the Navy accepted your resignation and approved your request for an 0TH discharge for the good of the service to avoid trial by court-martial. On 19 July 1968, you were so discharged.
         The Board, in its review of your entire record, carefully considered all potential mitigation, such as your prior period of honorable service in the Naval Reserve and more than four years of good service as a commissioned officer. The Board also considered the letter of reference. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant changing the characterization of service due to the
seriousness of your misconduct as a commissioned officer. The Board
believed that considerable clemency was extended to you
 when your request for resignation and 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. Finally, 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 PFEIFFER
 Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 10056-07

    Original file (10056-07.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.On 30 August 1979, you enlisted in the Marine Corps at age 18. On 15 December 1981, you requested an...

  • NAVY | BCNR | CY2007 | 06979-07

    Original file (06979-07.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.On 16 October 1981, you enlisted in the Marine Corps at age 21. At that time, you consulted with...

  • NAVY | BCNR | CY2007 | 07268-07

    Original file (07268-07.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.On 15 September 1977, you enlisted in the Navy at age 17. On 17 October 1982, you began another UA...

  • NAVY | BCNR | CY2007 | 06912-07

    Original file (06912-07.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.On 10 April 1973, you enlisted in the Marine Corps at age 17 with parental consent. On 23 May 1977,...

  • NAVY | BCNR | CY2007 | 02389-07

    Original file (02389-07.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.On 8 July 2004, you enlisted in the Navy at age 19. The Board did not consider whether the...

  • NAVY | BCNR | CY2006 | 02389-07

    Original file (02389-07.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.On 8 July 2004, you enlisted in the Navy at age 19. The Board did not consider whether the...

  • NAVY | BCNR | CY2007 | 06161-07

    Original file (06161-07.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.The Board found that you were commissioned as an ensign in the Navy on 6 June 1945. You were so...

  • NAVY | BCNR | CY2007 | 06161-07

    Original file (06161-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2008. 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 its review of your application the Board carefully weighed all potentially mitigating factors, such as your overall record of service in the Navy,...

  • NAVY | BCNR | CY2007 | 08211-07

    Original file (08211-07.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.On 26 October 1985, you enlisted in the Naval Reserve at age 17 with parental consent. On 29 October...

  • NAVY | BCNR | CY2015 | NR3690 15_Redacted

    Original file (NR3690 15_Redacted.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TIE Docket No: 3690-15 14 May 2015 thre Lli- Oo mn MtQea O. (0 fF ow mow cS YOu were commissioned in the Navy ana began a& period of active duty or. € October 2005 You serveda for nearly three years without disciplinary incident, but on $ May 2008, you sub your resignation from the Navy in lieu of trial by court- in this regard, on 12 May 2008, you received...