Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 04740-09
Original file (04740-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 4740-09
14 April 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 April 2010. The names and votes of the
members of the panel will he furnished upon request. 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 on 24 October 1978 at age iy.  Xou
served for nearly five months without disciplinary incident.
However, during the period from 4 April to 15 August 1979, you
received nonjudicial punishment (NJP) on three occasions for
three periods of unauthorized absence (UA) totalling 16 days.

The record reflects that you were also in a UA status on four
more occasions during the period from 13 September 1979 to 18
February 1982. These periods of UA were referred for court-
martial proceedings. As a result, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for the foregoing periods of UA totalling
649 days. Prior to submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences or
accepting such a discharge. Your request was granted and the
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. 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. On 20 July 1982, you
were issued an other than honorable discharge.

The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
discharge. It also considered your assertions that you were
involved with drugs and alcohol which made you incapable of
making sound decisions. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your frequent and lengthy
periods of UA from the Navy which resulted in four NJPs and your
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and you should
not be permitted to change it now. Further, there is no evidence
in the record, and you submitted none to support your assertion.
Accordingly, your application has been denied.

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,

W. DEAN PFERI
Executive tor

Similar Decisions

  • NAVY | BCNR | CY2004 | 09213-04

    Original file (09213-04.rtf) Auto-classification: Denied

    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 27 August 1979 at age 18. Because you requested discharge in lieu...

  • NAVY | BCNR | CY2001 | 02960-01

    Original file (02960-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. was directed to issue you an other than honorable discharge by Your request was granted and your commanding officer Subsequently, you submitted a Prior to reason of the good of the service. Consequently, when applying...

  • NAVY | BCNR | CY2010 | 01562-10

    Original file (01562-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. 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 July 1976 you submitted a written request for immediate execution of the BCD.

  • NAVY | BCNR | CY2007 | 07268-07

    Original file (07268-07.rtf) Auto-classification: Denied

    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 15 September 1977, you enlisted in the Navy at age 17. On 17 October 1982, you began another UA...

  • NAVY | BCNR | CY2002 | 10961-02

    Original file (10961-02.pdf) Auto-classification: Denied

    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 that these factors were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct, which resulted in five NJPs and your lengthy period of UA which resulted in your request for discharge. Consequently, when applying...

  • NAVY | BCNR | CY2010 | 10956-10

    Original file (10956-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2011. You then requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for five periods of UA totaling 341 days. 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 | 09537-09

    Original file (09537-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. 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 | CY2009 | 06250-09

    Original file (06250-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 2010. 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. As a result, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing period...

  • NAVY | BCNR | CY2009 | 04727-09

    Original file (04727-09.pdf) Auto-classification: Denied

    A. three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2010. 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 20 March 1979 you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for larceny of a...

  • NAVY | BCNR | CY2014 | NR3946 14

    Original file (NR3946 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2015. 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. As a. result of this action, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the...