Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 05933-07
Original file (05933-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 SJN
 Docket No: 05933-07
4 April 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-memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 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.
You enlisted in the Marine Corps on 7 June 1979 at age 17. On 8 September 1980, you were convicted by civil authorities of drug possession and public intoxication. On 12 September 1980, you received nonjudicial punishment (NJP) for a 5 day period of unauthorized absence (UA). On 7 July 1980, you were convicted by special court-martial (SPCM) of a 144 day period of UA.
On 21 October 1980, you began a period of UA that lasted 71 days, ending on 31 December 1980. On 12 January 1981 you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the UA period. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.






Your request for discharge was granted and on 23 February 1981, you received an other than honorable discharge for the good of the service in lieu of trial by court-martial. 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 and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in a civil conviction for drug possession, NJP, conviction by SPCM for a UA period lasting over four months, and your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. The Board also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and 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 | CY1999 | 05544-09

    Original file (05544-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application.on 27 April 2010. Documentary material considered by the Board consisted of your application, together with ail 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 | CY2012 | 00309 12

    Original file (00309 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 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 conviction by...

  • NAVY | BCNR | CY2010 | 05796-10

    Original file (05796-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.

  • NAVY | BCNR | CY2000 | 08262-00

    Original file (08262-00.doc) Auto-classification: Denied

    A three—member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 2 May 2001. The Board concluded that the foregoing factors and contention were insufficient to warrant recharacterization of your discharge given your record of three NJPs and special court—martial conviction, and the fact that you accepted discharge rather than face trial by court-martial for two prolonged periods of UA totalling nearly a year. Consequently, when...

  • NAVY | BCNR | CY2009 | 02544-09

    Original file (02544-09.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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of NUP, conviction by SPCM for periods of UA totaling over six months, and the fact that you were given a opportunity to earn a better characterization of...

  • NAVY | BCNR | CY2004 | 01317-04

    Original file (01317-04.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 materialThe Board found that you enlisted in the Naval Reserve on 26 June 1976, and commenced 36 months of active duty on 30...

  • NAVY | BCNR | CY2009 | 03059-09

    Original file (03059-09.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. Your request for discharge was granted and you received an other than honorable discharge for the good of service on 2 October 1981. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted...

  • NAVY | BCNR | CY2009 | 02170-09

    Original file (02170-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your ‘application on 16 December 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. You were counseled and warned that further misconduct could result in administrative discharge action.

  • NAVY | BCNR | CY2006 | 09204-06

    Original file (09204-06.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 29 September 1978 you enlisted in the Marine Corps at age 19 and served without incident until 9...

  • NAVY | BCNR | CY2006 | 06710-06

    Original file (06710-06.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 the evidence submitted was insufficient to...