DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
: ARLINGTON, VA 22204-2490
TJR .
Docket No: 2651-13 -
13 February 2014
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 19 February 2014. 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 Boatd found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. ra os oe
You enlisted in the Navy and began: a period of active duty on 1
June 1979. You served for about two months without disciplinary
‘infraction. However, during the period from 10 August 1979 until
27 March 1980, you were in an unauthorized absence (UA) status on
eight occasions. Although the discharge documentation is not in
your record, it appears that you requested discharge for the good
of the’ service to avoid trial by court-martial. for the foregoing
periods. of UA totalling 127 days. ‘Regulations required that
before’ making such a request, an individual must be advised by |
- military counsel concerning the consequences of such a request.
Since the record shows that you were discharged by reason ef good
of the service to avoid trial on 6 May 1980, the Board presumed
that the foregoing occurred in your case.. Because you requested
discharge in lieu of trial, you avoided the possibility of a
punitive discharge and confinement at hard labor.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and. assertion of: sexual
harassment due to your sexual preference, Nevertheless, the
Board concluded these factors were not sufficient to warrant.
relief in your case because of the seriousness of your repetitive
and lengthy periods of UA which resulted in your request for
discharge. The Board believed that considerable clemency was
at hard labor and a punitive discharge. The Board further
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 evidence in
the record, and you submitted none, to support your assertion. ©
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,
© Rene) font nan
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR5588 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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 policies. Aithough the discharge documentation is mot in your record, it appears that you requested discharge for the good of the service to avoid trial...
NAVY | BCNR | CY2013 | NR6909 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2014. 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. 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...
NAVY | BCNR | CY2013 | NR2630-13
Naval Records, sitting in executive session, considered your | application on 19 February. Because you requested discharge in lieu of trial, you avoided the possibility of a punitive discharge and confinement at hard labor. 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 | CY2004 | 09213-04
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 Marine Corps on 27 August 1979 at age 18. Because you requested discharge in lieu...
NAVY | BCNR | CY2013 | NR5235 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 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 policies. The Board further concluded that you received the benefit of your bargain with the Navy when your request.
NAVY | BCNR | CY2009 | 06250-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. As a result, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing period...
NAVY | BCNR | CY2006 | 07820-06
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 18 August 1976 at age 18. During this period of UA, you were convicted by...
NAVY | BCNR | CY2008 | 00696-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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...
NAVY | BCNR | CY2014 | NR6391 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 98 October 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 policies. As a result of this period of UA totalling 478 days, on 14 July 1982, you submitted a written request for an other than honorable discharge in...
NAVY | BCNR | CY2014 | NR7574 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 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.