DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5595-07
11 February 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 6 February 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 28 December 1970, you enlisted in the Navy at age 19 and
served without incident until 1 March 1972, when you had
nonjudicial punishment for failure to obey a lawful order.
During the period 14 September to 19 November 1973, you were in
an unauthorized absence (UA) status on two occasions totaling
about 64 days.. On 1 March 1974, you were convicted by a special
court-martial for these two periods of UA. During the period
25 March to 16 May 1974, you were UA on three occasions totaling
about 32 days.. On 25 June 1974, you requested an undesirable
discharge (UD) for the good of the service to avoid trial by
court-martial for charges of UA totaling 32 days. On
15 July 1974, the separation authority approved your request for
a UD for the good of the service to avoid trial by court-martial.
On 18 July 1974, you were so discharged.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire for a better discharge. The Board also considered your
contention that you were innocent of UA charges during two
specific periods. 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. The Board 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, you escaped the
possibility of confinement at hard labor or a punitive discharge.
Regarding your contention, you provided no evidence or
explanation regarding your innocence. 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, ’
\ Son
Ss ~~ g
W. DEAN PFE
Executive Dix
NAVY | BCNR | CY2008 | 02176-08
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. You subsequently requested an undesirable discharge (UD) for the good of the service to avoid trial by court-martial for the three periods of UA totaling 115 days. The Board also considered your contention that you contracted hepatitis C while in the Navy.
NAVY | BCNR | CY2008 | 04511-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. 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 12 May 1976, you requested an undesirable discharge (UD) for the good of the service to avoid trial by court-martial for the two periods of UA...
NAVY | BCNR | CY2008 | 04345-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. 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 11 February 1974, you requested an UD for the good of the service to avoid trial by court-martial for the two periods of UA that totaled 141 days.
NAVY | BCNR | CY2008 | 04636-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. 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...
NAVY | BCNR | CY2007 | 10740-07
A three-member panel jof the Board for Correction of Naval Records, sitting in dxecutive session, considered your application on 20 August 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. The Board also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you...
NAVY | BCNR | CY2007 | 10393-07
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 also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 10084-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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. 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 | CY2008 | 04499-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. 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 | CY2007 | 11147-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 02723-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 January 2012. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct,...