DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SJN
Docket No: 03639-08
2 April 2009
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 31 March 2009. 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 and began a period of active duty on
10 April 1978 at age 18. During the period from 4 August 1978 to
30 September 1979, you had seven periods of unauthorized absence
(UA) totaling 384 days. Additionally, you were convicted by
Civil authorities of grand theft. You received probation and a
fine. Subsequently, on 25 October 1979, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for the seven periods of UA. 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 14 November 1979,
you received an other than honorable discharge for the good of
the scrvice 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 Jabor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, post service health issues, and belief that
your characterization of service would be general. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of charges being
preferred to a court-martial for periods of UA totaling over a
year. 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,
\o oak ec}
W. DEAN PFE
Executive D ter
NAVY | BCNR | CY2008 | 09073-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, reguiations, and policies. On 17 August 1979, your case was forwarded and on 28 August 1979, the separation authority directed your separation by reason of misconduct due to civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 11696-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization...
NAVY | BCNR | CY1999 | 05544-09
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 | CY2008 | 05804-08
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. 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 1 February 1979, you were warned that further infractions could result in disciplinary action...
NAVY | BCNR | CY2009 | 01420-09
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 on 10 May 1978, you received an other than honorable discharge for the good of the service in lieu of trial by court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 10599-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 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 | CY2008 | 09635-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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....
NAVY | BCNR | CY2008 | 06128-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 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 | CY2009 | 03323-09
Lo jdt AL ‘regulation 2 NAVY ANNEX WASHINGTON pc 20370-5100 son Docket No: 03323-09 25 February 2010 r application for correction of your ovigions of title 10 of the United AB three-member panel of the Board for Correction of Naval Records, sitting in executive gession, considered your application on 23 F ebruary 2010. your allegations of error and injustice were reviewed in accordance with administrative s and procedures applicable to the proceedings of this Board. Your request for...
NAVY | BCNR | CY2009 | 03059-09
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...