DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7017 S. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2450
TAL
Docket No: 3342-13
28 February 2014
This is in reference to your application for correction of your
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 26 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 Board found the evidence submitted was insufficient
to establish the existence of probable material error or _
injustice. oo
“You enlisted in the Navy and began a period of active duty on.
/17 April 1979 at age 18. You réceived nonjudicial punishment
(NJP) on. two occasions for two instances of failure to obey a
> lawful order,. failure to go to your appointed place of duty and
unauthorized absence (UA) from your unit.for a period of 23
days. On 3 October. 1980, you made a written request for an other
_ than honorable (OTH) discharge to-avoid trial by court-martial
for three instances of UA from your unit for a period totaling
30 days, failure to go to you appointed place of duty,
. disrespect toward superior commissioned officer, four instances
of failure to obey a lawful regulation, assault of another
Sailor by grabbing his groin and soliciting a Sailor to commit
sodomy. Prior to submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
" your youth and overall record of service. Nevertheless, the
‘ Board concluded these factors were not sufficient to warrant
rights and warned of the probable adverse consequences of
accepting such a discharge. Your request was granted and the
commanding officer 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. On 24 November 1980, you were
‘separated with an OTH.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
recharacterization of your. discharge given the seriousness of
your misconduct that resulted in two NUPs, periods of UA that
totaled almost two 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. 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.
Accordingly, your application has been denied. The names. and
votes of the members of the panel will be furnished upon
request.
It ig 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,
Tee
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR4315 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 20 February 1973, you made a written request for discharge for the good of service to avoid trial by court-martial for failure to go to your...
NAVY | BCNR | CY2013 | NR0221-13
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 policies. Based on the information currently contained in your record it appears that you submitted a written request for an other than honorable - (OTH)...
NAVY | BCNR | CY2013 | NR8164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2013 | NR2331-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 29 January 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. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted...
NAVY | BCNR | CY2014 | NR3594 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on >@ October 2014. Vou submitted a written i request [or an other than honorable (OTH) discharge in order to avoid trial py court-martial for two additional periods of UA totaling over 40 days and.two instances of missing ship’s movement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant te demonstrate the...
NAVY | BCNR | CY2008 | 05804-08
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. On 1 February 1979, you were warned that further infractions could result in disciplinary action...
NAVY | BCNR | CY2011 | 01209-11
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. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and should not be permitted to change it now. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2013 | NR8219 13
THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 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...
NAVY | BCNR | CY2014 | NR5564 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 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. 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 150...
NAVY | BCNR | CY2011 | 05842 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...