DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SIN
WASHINGTON DC 20370-5100 Docket No: 06942-08
21 May 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 13 May 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
26 October 1972 at age 20. During the period from 2 May to
27 July 1973, you received three nonjudicial punishments (NJP's)
for two brief periods of unauthorized absence (UA), failure to go
to your appointed place of duty, and disobedience.
On 21 September 1973, you began a period of UA that lasted 226
days, ending on 6 May 1974. Subsequently, on 31 May 1974, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for that period 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 28 June 1974, 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 application, carefully weighed
all potentially mitigating factors, such as your youth, duty in
Vietnam 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 three NUP’s and charges being preferred to a
court-martial for a period of UA totaling over seven months. 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,
NAVY | BCNR | CY2009 | 00712-09
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. You were counseled and warned that further misconduct could result in administrative discharge action. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in three NJP’s, 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 | 05238-08
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 01459-09
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. 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...
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 | 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 | CY2008 | 02477-08
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. 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 | 04875 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2013. 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 September 1974, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the 449 days of UA.
NAVY | BCNR | CY2008 | 08183-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2009. On 24 April 1975, you were counseled and warned that further misconduct could result in administrative: discharge action. 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 | CY2010 | 07395-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2011. Documentary material considered by together with all the Board consisted of your application, 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...