DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1400-08
22 September 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 17 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 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 8 May 1970. You
received five nonjudicial punishments for offenses that included
unauthorized absences, wrongful possession of two identification
cards, incapacitation for duty, driving while intoxicated,
violation of a lawful general regulation, and breaking
restriction.
On 2 November 1972 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
resisting arrest, assaulting a petty officer with a dangerous
weapon and cutting a petty officer. 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 and a reenlistment code of RE-4 on 17
November 1972.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged for the good
of the service in lieu of trial by court-martial. Since you have
been treated no differently than others in your situation, the
Board could not find an error or injustice in the assignment of
your reenlistment code. 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,
\s oa’
W. DBAN PFEL
Executive Direcwo
\
NAVY | BCNR | CY2007 | 05445-07
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.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...
NAVY | BCNR | CY2008 | 07258-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 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. Your request was approved by the discharge authority, and you received an undesirable discharge on 6 January 1972.
NAVY | BCNR | CY2008 | 07035-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 2008. Your request was approved by the discharge authority, and you received an undesirable discharge on 24 August 1973. 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 | CY2007 | 05652-07
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.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 8 February 1971 at age 20. Subsequently, your request for...
NAVY | BCNR | CY2003 | 00722-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 June 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, the Board concluded that these factors were not sufficient to warrant recharcterization of your discharge given your request for discharge to avoid trial by court martial for a lengthy period of UA that was...
NAVY | BCNR | CY2002 | 08717-01
Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 May 2002. 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. (UA) On 24 August 1972...
NAVY | BCNR | CY2007 | 09497-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2008. On 6 November 1972, after having consulted with military counsel, you requested an undesirable discharge in lieu of being tried by court-martial for 111 days of unauthorized absence. 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 | CY2007 | 08635-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 July 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. Your request was approved by the discharge authority, and you received an undesirable discharge on 2 August 1971.
NAVY | BCNR | CY2007 | 03632-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of...
NAVY | BCNR | CY2007 | 03706-07
Records, sitting in executive session, considered your application on 7 February 2008. Subsequently, your request for discharge was granted, and on 11 May 1973 you received an undesirable discharge in lieu of trial by court-martial. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct and lengthy periods of UA, which also resulted in your request for discharge.