DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5685-12
29 March 2013
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 27 March 2013. 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 and began a period of active duty on
26 March 1990 at age 17. On 9 June 1990, you were in an
unauthorized absence (UA) status from your unit until you
surrendered on 17 December 1990, a period of 191 days. Based on
the information currently contained in your record it appears
that you subsequently submitted a written request for an other
than honorable (OTH) discharge in order to avoid trial by court-
martial for the forgoing period of UA. Prior to submitting this
request you would have 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. Your request was granted and the separation
authority directed your OTH discharge. 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. 16 January 1991 you were discharged:
under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a period of UA totaling over
six months and 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 should not be permitted to change it now. Finally,
there is no provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time. 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 ail 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 jar USELCE.
sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR3856-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2014. 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. The Board, in its review of your entire record and application carefully weighed all potentially mitigating factors, such as -.
NAVY | BCNR | CY2012 | 04986-12
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 19 March 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 | 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 | CY2012 | 05683 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 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 | 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 | 07487-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 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. On 23 December 1970, you again made a written request for discharge for the good of the service to avoid trial by court-martial for UA from your unit...
NAVY | BCNR | CY2008 | 08492-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval health record, 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 | 03910-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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. On 4 June 1990 you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court - Martial for the...
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 | CY2012 | 04522 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 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...