DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4617-13
2 May 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 16 April 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:
You enlisted in the Navy an began a period of active duty on
22 June 1982 at age 18. Based on the information currently
contained in your record it appears that you submitted a written
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for larceny. 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. On 22 February 1984, your request was granted and
you were separated with an 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.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct 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. Concerning your
allegation of sexual assault, there is no evidence in the
record, and your submitted no such evidence to support it.
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,
RAL D a
ROBERT D. 4SALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR4402 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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...
NAVY | BCNR | CY2013 | NR6675 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 July 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 probable...
NAVY | BCNR | CY2013 | NR4185-13
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. receiving such a discharge. -gyour discharge due to your acts of misconduct and request for discharge.
NAVY | BCNR | CY2013 | NR7742 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 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. On 3 November 2005, you were separated with a discharge under OTH conditions for the good of the service to avoid trial by court-martial.
NAVY | BCNR | CY2013 | NR4363-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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. After careful and conscientious consideration of the entire record, the Board: found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2013 | NR3707-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. 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 period of UA totaling 79 days. 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 | CY2013 | NR6317 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. 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 UA...
NAVY | BCNR | CY2013 | NR3445-13
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 1971, you were separated with an under conditions OTH discharge for the good of the service to avoid trial by court-martial. .. 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 | 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 | CY2013 | NR5164 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2014. 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...