DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 624-13
26 September 2013
= OL aVloa
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 26 September 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 15 June
1994. 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 period of unauthorized absence (UA).
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 26 March
1996, 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 and current desire to upgrade your discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your period of UA that totaled almost a year. 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 efficial
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive Di¥ec
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 | 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 | 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 | 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 | CY2012 | 05685 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. Based on the information currently contained in your record it appears that you subsequently submitted a written request for an other than...
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 | 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 | 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 | 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...