DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 1812-09
9 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 8 April 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
error or injustice.
The Board found that you enlisted in the Navy on 12 December
1984. On 28 February 1992 you submitted a written request for
discharge for the good of the service in lieu of trial by court-
martial for an unauthorized absence of 2,362 days. 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 a discharge under other than
honorable conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
honorable conditions on 16 March 1992.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that your
son’s mother started dating another man so you did not return
from leave. It found your contention insufficient to warrant
corrective action in your case.
The Board concluded that your service was properly characterized
as under other than honorable conditions given your lengthy
period of unauthorized absence. In addition, the Board believes
that considerable clemency was extended to you when your request
for discharge was approved since, by that action, you avoided
that possibility 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 you 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,
oQaS )
W. DEAN PPE
Executive Dir
NAVY | BCNR | CY2008 | 10994-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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. 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...
NAVY | BCNR | CY2008 | 07180-08
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. An administrative discharge board met on 25 September 1992 and found that you should be discharged due to a pattern of misconduct with a discharge under other than honorable conditions. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2009 | 01405-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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. The Board concluded, however, that as the assignment of a reentry code of RE-4 1s required when an individual is discharged by reason of...
NAVY | BCNR | CY2008 | 03441-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 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 December 1992, the separation authority approved the discharge recommendation, but the separation action was subsequently suspended due to...
NAVY | BCNR | CY2009 | 04360-09
A three-member panel of the Board for Correction of Naval | Records, sitting in executive session, considered your application on 16 October 2009. 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. 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 | 09237-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2009. On 22 May 1992, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. 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 | 03323-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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 June 1992 you were so discharged.
NAVY | BCNR | CY2008 | 12501-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 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 6 June 1992, the discharge authority directed an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2008 | 09745-08
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. The Board concluded that the mitigating factors present in your case are insufficient to warrant recharacterization of your discharge and that there is no basis for corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 03262-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2009. 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 reenlisted in the Navy on 11 December 1992. After being informed of the recommendation, you elected to waive the right to present...