Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 05445-07
Original file (05445-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100
                                            
                                                               CRS
                                                                                          Docket No:5445-07
                                                                                          21 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 19 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 17 November 1969. on 27 November 1970 you received nonjudicial punishment for disobedience of a lawful order. On 24 April 1972, you were convicted by civil authorities of an unspecified offense, and sentenced to confinement for 23 days and a fine of $54.
                 
On 20 March 1973 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for unauthorized absences totaling 555 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 25 April 1973.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your Vietnam service, your belief that you received inadequate legal counsel, and your personal problems. The Board concluded that your service was properly characterization as an undesirable discharge, given your extensive record of misconduct and the serious nature of your
 -~—-~“-~
 offenses. The Board believes that considerable clemency was extended to you when your request for discharge was granted, and you should not be permitted to change it now. The Board was not persuaded that you had inadequate legal counsel or that your personal problems significantly extenuated or mitigated your misconduct. 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




Copy to:         The American Legion

Similar Decisions

  • NAVY | BCNR | CY2011 | 04126-11

    Original file (04126-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 19 April 2011. Documentary material considered by the Board consisted of your applications, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board noted that your characterization of service was changed to general under honorable conditions, but concluded that a further change was...

  • NAVY | BCNR | CY2002 | 06338-01

    Original file (06338-01.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 Board. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, Your allegations of error and After careful and conscientious consideration...

  • NAVY | BCNR | CY2001 | 04580-01

    Original file (04580-01.pdf) Auto-classification: Denied

    statement from the American Legion in The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, support of your case, and your contention that you did not know The Board also that you had received an undesirable discharge. the Board concluded these factors and Concerning your contention of inadequate assistance of counsel, the Board noted that this Sixth Amendment right does not apply...

  • NAVY | BCNR | CY2007 | 00144-07

    Original file (00144-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 January 2008. On 20 December 1973 you received a fifth nonjudicial punishment, for absence from appointed place of duty. 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 | 04729-00

    Original file (04729-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. 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. On 30 May The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, and...

  • NAVY | BCNR | CY2008 | 00061-07

    Original file (00061-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 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. Subsequently, the discharge authority concurred with the ADB and directed that you receive an undesirable discharge due to misconduct on the...

  • NAVY | BCNR | CY2007 | 01408-07

    Original file (01408-07.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 enlisted in the Navy on 18 June 1969. Your request was approved by the...

  • NAVY | BCNR | CY2006 | 09826-06

    Original file (09826-06.pdf) Auto-classification: Denied

    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

    Original file (09812-06.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 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 | CY2002 | 07839-01

    Original file (07839-01.pdf) Auto-classification: Denied

    DEPARTMENTOFTHE NAV Y BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 TJR Docket No: 7839-01 15 May 2002 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. sitting,in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 14 May 2002. injustice were reviewed in accordance with...