DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11642-09
6 August 2010
ee
This is in reference to yo
ur application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
orrection of Naval
records, sitting in executive session, considered your
application on 4 August 2010. 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 atatutes, regulations,
and policies.
You enlisted in the Navy an
9 July 1990. On 17 August 1991, you you recel
punishment (NUP) for failure to obey a lawful order. On
21 August 1992, you commenced a period of unauthorized absence
(UA) , which lasted 95 days. On 7 December 1992, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for the period of UA totaling over
three months. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. your request for discharge was
granted and on 23 December 1992, you received an ©
honorable discharge in lieu of t
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, 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 one
NJP, and your request for discharge. 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.
aie Ra em
It' is-regretted that the circumstances of your case are such that
P4v@eable 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 PFET
Executive Di
NAVY | BCNR | CY2009 | 10777-09
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. Subsequently, your request for discharge was granted and you received an other than honorable discharge in lieu of trial by court-martial on 3 April 1992. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 03351-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 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. 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 | 13215-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 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. Based on the information currently contained in your record it appears that you submitted a written request for an other than honorable (OTH)...
NAVY | BCNR | CY2009 | 10742-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010. However, the record does not reflect the disciplinary action taken, if any, for this period of UA. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2010.
NAVY | BCNR | CY2010 | 00593-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 00593-10 4 October 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. Consequently, when applying for a correction of an...
NAVY | BCNR | CY1999 | 05767-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on i8 May 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 4 February 1992 you were again convicted by SCM of a 28 day period of UA.
NAVY | BCNR | CY2010 | 12214-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August. Your request for discharge was granted and, on 21 January 1992, you received an OTH discharge in lieu of trial by court-martial. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your NUP and SPCM for periods of UA, and last period of UA that lasted over four years.
NAVY | BCNR | CY2010 | 04203-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2011. 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 then requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court-martial for...
NAVY | BCNR | CY2010 | 00179-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 2010. 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 applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 04140-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...