DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 7011-10
15 March 2011
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 15 March 2011. 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 13 October 1982. Your
record is incomplete, but it appears that you began a period of
unauthorized absence (UA) on 17 April 1983, which ended with
your apprehension on 11 October 1983, a period of 174 days.
You then requested a discharge under other than honorable (OTH)
conditions for the good of the service to avoid trial by court-
martial for the period of UA totaling almost six month. 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
a discharge under OTH conditions. On 14 February 1984, you
were separated with a discharge under OTH conditions for the
good of the service to avoid trial by court-martial. Asa
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,
alcohol abuse, and family problems. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your UA totaling
almost six months which ended with your apprehension.
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 benefit of your bargain with the Navy
when your request for discharge was granted and should not be
permitted to change it now. You are advised that no discharge
is upgraded due merely to post service good conduct or the
passage of time. 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,
\on
W. DEAN PFET R\
Executive Di
NAVY | BCNR | CY2010 | 12188-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 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. Subsequently, your request for discharge was granted and, on 23 March 1983, you received an OTH discharge in lieu of trial by court-martial.
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 | CY2011 | 05736-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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. Your request for discharge was granted and on 26 November 1971, you received an other than honorable discharge for the good of the service in...
NAVY | BCNR | CY2010 | 01695-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. You later requested an other than honorable (OTH) discharge for the good of the service to avoid trial by court- martial for a UA (334 days) which ended with your apprehension. 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 | 08743-08
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 17 June 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 also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should...
NAVY | BCNR | CY2011 | 00597-11
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 March 1983, you made a written request for discharge for the good of service to avoid trial by court-martial for the foregoing periods of UA and wrongful use of marijuana. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
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 | 09625-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 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. 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 | CY2014 | NR2370 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 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. Nevertheless, the Board .
NAVY | BCNR | CY2010 | 05876-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2011. 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...