DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TJIR
Docket No: 1945-10
11 March 2010
This is in reference to your application for correction of your
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 9 March 2010. The names and votes of the members
of the panel will be 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 28 December 1977 at age 18 and served
without disciplinary infraction until 15 August 1978, when you
began a period of unauthorized absence (UA) that was not
terminated until 21 August 1978. The record does not reflect the
disciplinary action taken, if any, for this six day period of UA.
On 25 February 1980 you began another period of UA that was not
terminated until 4 October 1982. During this period of UA you
were declared a deserter. Shortly thereafter, on 8 December
1982, you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial for the
foregoing period of UA totalling 949 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 of accepting such a discharge.
Subsequently, 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 December 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, desire to upgrade your discharge, and the passage of
time. It also considered your assertion that you were misled in
regard to your separation. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your lengthy
period of UA from the Navy, which resulted in 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. 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 P
Executive Diector
NAVY | BCNR | CY2009 | 05560-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. after careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2001 | 02960-01
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 | CY2009 | 12305-09
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. However, on 9 June 1978, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2001 | 01382-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. discharged. 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 | CY2007 | 07268-07
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 | CY2009 | 06473-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 2010. As a result, on 21 March 1978, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing three periods of UA totalling 31 days and desertion resulting from a 127 day period of UA. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 09505-09
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 16 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. On 23 August 1978, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2002 | 05223-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2001. Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the lengthy periods of UA and your request for discharge to avoid trial for these periods of UA. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 10961-02
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 | CY2008 | 07461-08
Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your daughter’s naval record, and applicable Statutes, regulations, and policies. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA which resulted in your request for discharge to avoid trial by court- martial. ...