DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1273-10
20 October 2010
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 19 October 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
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. You entered active duty in the Navy on 8
February 1980. You received nonjudicial punishment for a 30
day period of unauthorized absence (UA). You later requested
an other than honorable (OTH) discharge for the good of the
service to avoid trial by court-martial for four periods of UA
totaling 635 days. At that time, you consulted with qualified
military counsel and acknowledged the adverse consequences of
receiving such a discharge. The separation authority approved
your request for an OTH discharge. On 2 February 1984, you
were separated with an OTH discharge for the good of the
service to avoid 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 entire record, carefully
considered all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your UA totaling over 22 months. Furthermore, the Board
believed that considerable clemency was extended to you when
your request for discharge to avoid trial by court-martial was
“approved... It was alSo clear to the Board that you received the
ene of, gee bargain with the Navy when your request for
scharge wae ‘@ranted and should not be permitted to change it
now. In view of the above, 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,
\ oa
ren 3
NAVY | BCNR | CY2010 | 00335-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was snsufficient to establish the existence of probable material error or injustice. Your record is incomplete, but it appears that you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by...
NAVY | BCNR | CY2009 | 12920-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. 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. Your record is incomplete, but it appears that you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by...
NAVY | BCNR | CY2010 | 01854-10
A three-member panel Of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 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 ~olicues . After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2009 | 12909-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. 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. On 22 May 1973, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for UA (three...
NAVY | BCNR | CY2009 | 07610-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 2010. The Board found that you entered active duty in the Navy on 15 July 1986. 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 | 00340-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. Your record is incomplete, but it appears that you requested an other than honorable (OTH) discharge for the good of the service to avoid trial...
NAVY | BCNR | CY2009 | 09406-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 June 2010. On 1 March 1976, you requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a UA totaling 62 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 | CY2010 | 01867-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. You later requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a UA totaling 242 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 | 11060-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. The Board found that you entered active duty in the Navy on 26 July 1974 and were honorably discharged on 1 June 1978. You then requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for three periods of UA totaling 64 days.
NAVY | BCNR | CY2009 | 09197-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...