PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDERS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 pocket No: 12004-08
2 June 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. :,
B three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 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 that the evidence submitted was
insufficient to establish the existence of probable material
érrer 6F injustice.
The Board found that you reenlisted in the Navy on 14 April 1989.
You were absent without authority from 13 to 27 February 1994 and
10 June 1994 to 5 February 1997, and that each absence was
terminated by apprehension. You were discharged for the good of
the service in lieu of trial by court-martial on 7 March 1997,
with a discharge under other than honorable conditions. Although
the discharge processing documents ate not filed in your record,
the Board presumed that you requested discharge in lieu of trial
by court-martial for an extended period of unauthorized absence.
The Board did not accept your contention to the effect that you
were improperly held on active duty beyond the expiration of your
active obligated service date. In this regard, it noted that
your original active obligated service date was properly extended
due to the time lost you incurred as a result of your
unauthorized absences.
The Board concludea@ that your service was properly characterized
as under other than honorable conditions, and that it would not
be in the interest of justice for it to upgrade your discharge.
tt believes that considerable clemency was extended to you when
your request for discharge was approved since, by that action,
you avoided the likelihood of a Federal conviction, confinement
at hard labor and a punitive discharge. Further, the Board
concluded that you received the benefit of your bargain when your
request for discharge was granted, and that you should not be
permitted to change it at this time. 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 | 01800-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 12 November 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2008 | 05254-08
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. It found your contention insufficient to warrant corrective action in your case. 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 | 03350-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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, regquiations 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 | 01414-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _ application on 29 July 2009. Your request was approved and you received an undesirable discharge on 14 November 1974. 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 | CY2009 | 02205-09
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 was approved by the discharge authority and you received a discharge under other than honorable conditions on 15 April 1976. It found those factors insufficient to warrant corrective action in your case.
NAVY | BCNR | CY2009 | 03696-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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. Your request - was approved by the discharge authority, and you received an undesirable discharge on 7 November 1975.
NAVY | BCNR | CY2009 | 00786-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2009 | 01812-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2009. Your request was approved by the discharge authority, and you received a discharge under other than honorable conditions on 16 March 1992. 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 | CY2009 | 06072-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 8 July 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. Your request was approved by the discharge authority, and you received a discharge under other than honorable conditions on 11 March 1977.
NAVY | BCNR | CY2008 | 07322-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 November 2009. The Board concluded that your service was properly characterized as an under other than honorable conditions given your lengthy periods’ 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.