. DEPARTMENT OF THE NAVY
BOARD-FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4986-12
19 March 2013
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 March 2013. 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 enlisted in the Navy and entered active duty on 10 October
1968. You requested a discharge under other than honorable
(OTH) conditions for the good of the service to avoid trial by
court-martial for a period of unauthorized absence (UA) totaling
more than 14 months which had ended when you were apprehended by
civil authorities. Prior to submitting this request, 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 31 January 1973, you were separated with a
discharge under OTH conditions 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 potentially mitigating factors, such as your
youth, Vietnam service, and the alleged reason you entered your
period of UA. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to your lengthy period of UA and voluntary
request for discharge. 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. Finally,
you are advised that no discharge is automatically 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, -
W. DEAN PFEI
Executive Bir r
NAVY | BCNR | CY2013 | NR624 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2013. 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 a 351 day...
NAVY | BCNR | CY2012 | 05232-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2013 2013. 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 an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a 63...
NAVY | BCNR | CY2013 | NR1057 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2013. 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 | CY2013 | NR955 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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 an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for...
NAVY | BCNR | CY2013 | NR975 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2013. 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 an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for a...
NAVY | BCNR | CY2013 | NR976 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2013. 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 requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court- Martial for three periods of...
NAVY | BCNR | CY2010 | 08460-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 April 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
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 | 08958-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 April 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 | CY2010 | 11881-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...