DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
SIN
Decket No: 12188-10
31 August 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 30 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
6 January 1982. The Board found that on 3 and 31 August 1982,
you received nonjudicial punishment {NJP) for six instances of
unauthorized absence (UA), being out of uniform, and failure to
go to your appointed place of duty. On 21 October 1982, you
began another period of UA that lasted 110 days, ending with your
apprehension by civil authorities on 9 February 1983. On
15 March 1983, you received a third NUP for three days of UA.
Although your record in incomplete, it appears that you submitted
a written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial for the 110 days of UA.
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. Subsequently, your request for discharge was
granted and, on 23 March 1983, you received an OTH discharge in
lieu of 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 application, carefully weighed
all potentially mitigating factors, such ag your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in three NUP’s, charges being
preferred to a court-martial for a period of UA that lasted over
three months, and 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.
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. a,
Executive DMA tor
NAVY | BCNR | CY1999 | 05041-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 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. On 7 June 1983 you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the...
NAVY | BCNR | CY2010 | 01915-10
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 these factors were not sufficient to warrant recharacterization of your discharge because of your four NUP’s, UA's totaling over six months, and request for discharge. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2010 | 11454-10
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 28 November 1982, you received NJP for unauthorized absence from your unit for a period of six days. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct (drug abuse).
NAVY | BCNR | CY2010 | 06650-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 March 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. On 17 July 1975, you submitted a request for a good of the service discharge to avoid trial by court-martial for being UA a total of 79 days.
NAVY | BCNR | CY2010 | 07011-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 2011. 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 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...
NAVY | BCNR | CY2011 | 03090-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. 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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
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 | 07171-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 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. Between 14 March and 4 June 1978, you commenced three periods of UA, the first period lasting six days, the second period lasting 27 days, and the...
NAVY | BCNR | CY2012 | 00381-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2012. 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 29 October 1982, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...