DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08812-07
19 September 2008
een ae r . P
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 16 September 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 Navy on 30 May 1973 at age 18. On 24 July
1973 and 5 September 1974, you received nonjudicial punishment
(NIP) for sleeping on watch and disobedience. On 28 March 1975,
you were convicted by special court-martial (SPCM) of two
specifications of assault. You were sentenced to confinement at
hard labor, a forfeiture of pay, anda reduction in.paygrade.
On 16 June 1975, you received a third NUP for a seven day period
of unauthorized absence (UA).
On 21 July 1975, you submitted a written request for an
undesirable discharge for the good of the service in order to
avoid trial by court-martial for absence from your appointed
place of duty, two days of UA, disobedience, and communicating a
threat. 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. Subsequently, your request for
discharge was granted and, on 4 August 1975, you received an
undesirable discharge in lieu of trial by court-martial. Asa
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 application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and character statements accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your three NUJP’s, conviction by SPCM, and
especially your request for discharge to avoid trial. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved. The Board also concluded
that you received the benefit of your bargain with the Navy 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,
Rigegnl 7 nee
I
Fo_W. DEAN FFER
Executive Director
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2005 | 00847-05
1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2005. 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...
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY1999 | 07422-98
imposed was confinement for 30 days. On 9 December 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the foregoing period of UA. case the Board concluded your discharge was proper as issued and Accordingly, your application has been no change is warranted.
NAVY | BCNR | CY2006 | 09812-06
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 | CY2008 | 03209-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 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 9 January 1978 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for a 335 day...
NAVY | BCNR | CY2002 | 05149-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your record also reflects that on 9 December 1974 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for two periods of UA totalling four days, absence from your...
NAVY | BCNR | CY2001 | 00828-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 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. believed that considerable clemency was extended to you when your requests for discharge to avoid trial by court-martial was approved since, by this...
NAVY | BCNR | CY2002 | 05233-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2002. 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...
NAVY | BCNR | CY2001 | 04729-00
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...